Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15130 of 2021 Applicant :- Prashant@ Rinku And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Mahesh Chandra Maurya,Santosh Kr. Singh Paliwal Counsel for Opposite Party :- G.A.,Rajendra Kumar Yadav
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the opposite party no.2 and perused the record.
Present application has been filed by the applicants, namely, Prashant @ Rinku and Anuj invoking the powers of Section 438 Cr.P.C. stating therein that they reasonably apprehend their arrest by the police for having committed a non-bailable offence registered vide Case Crime No. 1172 of 2021, under Sections 307, 323, 504, 506 IPC, Police Station Kavi Nagar, District Ghaziabad.
Perusal of the record shows that the applicants have directly approached this Court without getting their anticipatory bail rejected by the court below.
It is evident from the case of Ankit Bharti and others Vs. State of U.P. and another reported in (2020) 3 ADJ 575, in which, it has been clearly held that there must be extraordinary and special reasons to directly entertain the anticipatory bail application without its rejection by the court below.
In my considered opinion, the reason assigned for approaching this Court directly for anticipatory bail is not at all convincing extraordinary and special, as such, this anticipatory bail application is disposed of with a direction to the applicants to approach the court below for anticipatory bail. In case, an application for anticipatory bail is filed before the court below, the same be considered and disposed of expeditiously in accordance with law.
Order Date :- 27.9.2021 Nadim