Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14692 of 2021 Applicant :- Sagir Khan And 3 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Present application has been filed by the applicants, namely, Sagir Khan, Sarif Khan, Moveen and Harun Khan @ Hasan invoking the powers of Section 438 Cr.P.C. stating therein that they reasonably apprehends their arrest by the police for having committed a non-bailable offence registered vide Case Crime No. 197 of 2021, under Sections 147, 148, 332, 353, 392, 307, 504, 336, 427 IPC and section 7 Criminal Law Amendment Act, Police Station- Akarabad, District- Aligarh.
Perusal of the record shows that the applicants has directly approached this Court without getting their anticipatory bail rejected by the court below.
It is evident that in the case of Ankit Bharti and others Vs. State of U.P. and another reported in (2020) 3 ADJ 575, 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 :- 23.9.2021 KU