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Judgment
Hon'ble Alok Mahra, J.
Mr. Navneet Kumar, learned counsel for the applicant.
Mr. Rakesh Joshi, learned A.G.A. and Mr. Manoj Bhatt, learned Brief Holder for the State.
By means of the present application, the applicant seeks anticipatory bail in connection with Case Crime/F.I.R. No. 0398 of 2025 registered at Police Station-Kotwali, District Dehradun for the offences punishable under Sections 3, 4, 10, 11 of Public Examination (Prevention of Unfair Means) Act, 2024.
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 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.
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.
Accordingly, the anticipatory bail application is dismissed as withdrawn, with liberty to the applicant to approach the competent Court of Sessions by filing an appropriate application for anticipatory bail, if so advised.
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.