ANKIT Vs. STATE OF H.P.

JUDGEMENT

(1.) For accusations of attacking the house of the complainant, injuring his father, ransacking the house and beating the family members, the petitioner, is now apprehending arrest,has come up before this Court under Section 438 CrPC, seeking anticipatory bail. Vide order dated 27.01.2021, this Court had granted interim protection, directing him to join investigation, which he did.

(2.) A perusal of the petition reveals that the petitioner straightaway filed the bail petition before High Court, which is permissible given the decision of a three Judges Bench of HP High Court, in Mohan Lal v Prem Chand, AIR 1980 HP 36, (Para 9 and 15), wherein the Full bench holds that a person can directly apply for an anticipatory bail or regular bail to the High Court without first invoking the jurisdiction of the Sessions Judge.

(3.) Para-1 of the bail petition reveals that the petitioner has no previous criminal history.