Ashu Tyagi VS State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

VIVEK BHARTI SHARMA
Ashu Tyagi – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Rajat Mittal, Advocate
For the Respondents:Manisha Rana Singh and Pramod Tiwari, Advocate

JUDGMENT

Vivek Bharti Sharma, J.—Applicant Ashu Tyagi is seeking anticipatory bail in FIR/Case Crime No. 0054 of 2023, under Sections 419 & 420 IPC, Police Station Vikasnagar, District Dehradun.

2. Heard learned counsel for the parties and perused the record.

3. Learned State Counsel would argue that applicant has an equally efficacious remedy available to file the anticipatory bail application before the Sessions Court. She would further argue that instead of approaching the Sessions Court, the applicant/accused has directly come before this High Court without exhausting equally efficacious remedy available before Sessions Court.

4. She would further submit that the issue regarding entertainability of anticipatory bail application before the High Court u/s 438 of Cr.P.C. is pending consideration before the Hon’ble Supreme Court in Criminal Appeal No. 1562/2017 Gauhati High Court Bar Association vs. State of Assam and Others, wherein the issue raised before the Hon’ble Supreme Court is that “Whether the High Court exercising jurisdiction under Section 438 of the Code of Criminal Procedure, 1973 has discretion not to entertain such an application on the ground that the applicant must f

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