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2026 DAILYLAW 7760 (UTT)

JITENDRA KUMAR v. STATE OF UTTARAKHAND

ABA/276/2026 · 2026-07-07

Alok Mahra

body2026

Judgment text

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UKHC010115192026 2026:UHC:5435 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS ABA/276/2026 Jitendra Kumar --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Alok Mahra, J. Mr. U.K. Uniyal, learned senior counsel assisted by Mr. Harshit Sanwal and Mr. Pragya Prakash Upadhyay, counsel for the applicant. 2. Ms. Pushpa Bhatt, learned Addl. Advocate General along with Mr. S.C. Dumka, learned A.G.A. and Mr. Nikhil Bisht, learned Brief Holder for the State. 3. By means of the present application, the applicant seeks anticipatory bail in connection with Case Crime/F.I.R. No. 12 dated 20.06.2026 registered at Police Station Satarkta Sector Dehradun, for the offences punishable under Sections 318(4) r/w 61 of the Bharatiya Nyaya Sanhita, 2023 and Section 7(c), and 13(1)(a) r/w Section 13(2) of the Prevention of Corruption Act. 4. Learned State counsel would vehemently oppose the anticipatory bail application and would argue that an equally efficacious remedy is available to the applicant/accused to file the anticipatory bail application before the Sessions Court but without exhausting UKHC010115192026 2026:UHC:5435 the same, the applicant/accused has straightaway approached this Court. In support of the said submission, reliance was placed upon the judgment of the Hon'ble Supreme Court in Mohammed Rafal & Another v. State of Kerala & Another, 2024 LiveLaw (SC) 884, wherein it has been held that, except in exceptional circumstances, a person seeking anticipatory bail should first approach the Court of Sessions and the jurisdiction of the High Court should ordinarily be invoked only after seeking relief from the Court of Sessions. 5. To this, learned counsel for the applicant sought permission to withdraw the present anticipatory bail application with liberty to avail the appropriate statutory remedy before the competent Court of Sessions. 6. Accordingly, the anticipatory bail application is dismissed as withdrawn, with liberty to the applicant to approach the competent Court of Sessions by filing an appropriate application for anticipatory bail, if so advised. 7. It is made clear that this Court has not expressed any opinion on the merits of the case, and any application so filed shall be considered independently in accordance with law. (Alok Mahra, J.) 07-07-2026 mamta MAM TA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f2 44f3e584af1449e430ef900bf0 9a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9 cabfd54852c9e68911ca8b66d d26690a191648ab5d8dd004ef 0, cn=MAMTA RANI Date: 2026.07.08 16:18:59 +05'30'