The High Court dismissed an anticipatory bail application filed directly without first approaching the trial court, finding it an abuse of process.
The anticipatory bail application is dismissed; applicants may approach the trial court.
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Court No. - 68 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1114 of 2022 Applicant :- Boby @ Shamim Iqbal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tulsi Singh Yadav,Abhishek Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
The applicants have directly approached this Court by filing the instant anticipatory bail application without approaching the learned trial court. He has abused the process of court by filing the instant anticipatory bail application.
Orderly procedure requires that the applicants should first approach the learned trial court for grant of anticipatory bail. The High Court is ordinarily not the Court of first resort in anticipatory bail applications. No exceptional circumstances have been shown to this Court as to why this Court should entertain anticipatory bail application directly.
Faced with this, Shri Abhishek Yadav, learned counsel for the applicants does not press the anticipatory bail application.
The anticipatory bail application is accordingly dismissed.
It is open to the applicants to approach the learned trial court for anticipatory bail.
Order Date :- 18.2.2022 Dhananjai
Digitally signed by DHANANJAI Date: 2022.02.21 15:37:16 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail application filed directly in the High Court without approaching the trial court is maintainable
Boby @ Shamim Iqbal
Ajay Bhanot
As recorded by the court registry
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