Extracted from the PDF above. The PDF is authoritative.
UKHC010115122026
2026:UHC:5434 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
ABA/275/2026
Abhishek Yadav --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 the same, the applicant/accused has
UKHC010115122026
2026:UHC:5434 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 Accordingly, the anticipatory bail application is dismissed as withdrawn, with liberty to the applicant to approach the competent Court of Sessions by filing an appropriate application for anticipatory bail, if so advised.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=6a812005bebfcf46f24 4f3e584af1449e430ef900bf09 a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9 cabfd54852c9e68911ca8b66d d26690a191648ab5d8dd004ef 0, cn=MAMTA RANI Date: 2026.07.08 16:18:31 +05'30'