Sitapati v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1155 of 2020 • Sitapati W/o Hriday Badi, aged About 40 Years, R/o VillageKotrahi, Police Chowki- Wadrafnagar, Police Station-Basantpur, District- Balrampur- Ramanujganj, (C.G.).

• Hriday Jud Badi S/o Shivmangal, aged About 45 Years, R/o Village- Kotrahi, Police Chowki- Wadrafnagar, Police StationBasantpur, District- Balrampur- Ramanujganj, (C.G.). ---- Applicants

Versus

• State Of Chhattisgarh Through: The Station House OfÏcer, Police Station- Basantpur, District- Balrampur-Ramanujganj, (C.G.).

---- Respondent For Applicants :

Shri Sharad Mishra, Advocate.

For Respondent :

Shri Ayaz Naved, Government Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 02/12/2020

1. The applicants have preferred this application for grant of anticipatory bail, as they have apprehend their arrest in connection with Crime No.104/2020, registered at Police Station Basantpur, District-Balrampur-Ramanujang(C.G.) for offences punishable under Section 306/34 of the Indian Penal Code.

2. At the very outset, learned counsel for the applicant, on

instructions, seeks permission of this Court to withdraw this bail application because this anticipatory bail application has been filed directly before this Court without availing the remedy before the Sessions Court.

3. In view of the order passed by the Division Bench of this Court in MCRCA No.234/2020, the present anticipatory bail application cannot be filed directly before this Court, as the same is not maintainable unless any exceptional, rare or unusual reason are shown.

4. Accordingly, this bail application is dismissed as withdrawn with liberty to the applicants to move before the Sessions Court.

SD/- (Prashant Kumar Mishra) Judge Amardeep