Avtar Singh Vs Union Territory of Jammu and Kashmir Th SHO Police Station

This is an application filed under Section 438 Cr.P.C. for grant of bail in anticipation of arrest in FIR No.45/2021 dated 29^th June, 2021 registered at Police Station Khour.

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At the outset, it may be noted that the petitioners have approached this

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Court directly by way of instant application seeking anticipatory bail without first approaching the Court of first instance, i.e., Court of learned Sessions Judge, Jammu which is also having jurisdiction in the matter. It is tried law that the application for anticipatory bail ought not to have been entertained by the High Court directly unless the petitioner demonstrates exceptional circumstances in not preferring the same before the concerned Sessions Court.

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Having gone through the contents of the application in the absence of the learned counsel for the petitioner, I could not find any such exceptional circumstances that may justify entertaining the instant application by this Court. In view of the aforesaid, this Court is not inclined to entertain this anticipatory

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Bail App No. 233/2021

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2

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bail directly and relegate the petitioners to the remedy of applying before the

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Court of first instance, i.e., Sessions Court, Jammu.

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This petition is, accordingly, dismissed.

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(Sanjeev Kumar) Judge

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Jammu: 03.12.2021 Sahil T

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Whether the order is speaking ? Yes/No

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Whether the order is reportable ? Yes/No

Avtar Singh v. Union Territory of Jammu and Kashmir Th SHO Police Station

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Avtar Singh v. Union Territory of Jammu and Kashmir Th SHO Police Station

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