D.K. Gupta Vs Union of India through Secretary (Home), New Delhi and 2 Others

Court No. - 66

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 638 of 2020

Applicant :- D.K. Gupta

Opposite Party :- Union Of India Through Secretary (Home), New Delhi And 2 Others Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- Sanjay Kumar Yadav

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Hon'ble Rajul Bhargava,J.

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Heard Sri Ashish Kumar Singh, learned counsel for the applicant and Sri Gyan Prakash, learned senior counsel assisted by Sri Sanjay Kumar Yadav, counsel for the C.B.I.

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The present anticipatory bail application has been filed by the applicant in Case Crime No. RC 1202019A0003/2019, u/s 120B, 420, 467, 468, 471 IPC and 13(2) r/w 13(1)(d) Prevention of Corruption Act, P.S. C.B.I. ACB, District Ghaziabad with the prayer to grant anticipatory bail to the applicant.

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It appears that the applicant has filed present anticipatory bail application directly before this Court without even laying down rudimentary foundation with respect to the perceived apprehension of arrest. In the entire petition no cogent, compelling and special circumstances have been stated to exist for justification of the High Court being approached first without the avenue as available for the session court.

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In view of it, the present application is in consonance with the guideline laid down by the Court in Vivek Kumar vs. State of U.P. and another. Accordingly, the present application is not maintainable. The applicant is directed to approach Special Judge and move an application for anticipatory bail which shall be decided in accordance with law, however, in the event bail application is rejected it is always open for the applicant to move anticipatory bail before this Court.

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Accordingly, the application for anticipatory bail is rejected.

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Order Date :- 28.1.2020 Dhirendra/

D.K. Gupta v. Union of India through Secretary (Home), New Delhi and 2 Others

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D.K. Gupta v. Union of India through Secretary (Home), New Delhi and 2 Others

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