Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16042 of 2021 Applicant :- Saeem @ Mohd Saeem Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Faiz Hasnain,Syed Riyaz Askari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Present application has been filed by the applicant, namely, Saeem @ Mohd Saeem invoking the powers of Section 438 Cr.P.C. stating therein that he reasonably apprehends his arrest by the police for having committed a non-bailable offence registered vide Case Crime No. 0183 of 2021, under Sections 3/5A/8 of Cow Slaughter Act and Section 11 Animal Cruelty Act, Police Station Mundapandey, District Moradabad.
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 applicant 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