Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15631 of 2021 Applicant :- Yogesh @ Yogesh Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.,Shashi Dhar Pandey
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, Yogesh @ Yogesh Gupta invoking the powers of Section 438 Cr.P.C. stating therein that he reasonably apprehend his arrest by the police for having committed a non-bailable offence registered vide Case Crime No. 0174 of 2021, under Sections 306, 406 IPC, Police Station Kamla Nagar, District Agra.
Perusal of the record shows that the applicant has 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 :- 30.9.2021 Priya