ABA/136/2026 of GAUTAM SHARMA Vs STATE OF UTTARAKHAND on 17 July 2026

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS

ABA/136/2026

Gautam Sharma --Applicant Versus State Of Uttarakhand --Respondent

Hon'ble Alok Mahra, J.

Mr. Gaurav Kandpal and Mr. Lalit Sharma, learned counsel for the applicant

2. Mr. Diensh Chauhan, learned A.G.A. for the State.

3. Mr. Lalit Miglani, learned counsel for the complainant.

4. By means of the present application, the applicant seeks anticipatory bail on the ground that he apprehends his imminent arrest. Learned counsel for the applicant submits that the applicant was summoned by the Station House Officer, Police Station Kotwali Jwalapur, District Haridwar, on 17.04.2026, 18.04.2026 and thereafter on 21.04.2026 in connection with the allegations against him. It is further submitted that an F.I.R. has now been registered against the applicant, giving rise to a reasonable apprehension of his arrest.

5. Learned State Counsel would vehemently oppose the anticipatory bail application and submits that an equally efficacious statutory remedy is available to the applicant by approaching the Court of Sessions for anticipatory bail. It is contended that, without availing such remedy, the applicant has directly invoked the jurisdiction of this Court. In support of the said submission, reliance has been 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, save in exceptional circumstances, an application for anticipatory bail should ordinarily be moved before the Court of Sessions in the first instance, and the jurisdiction of the High Court should be invoked only after such remedy has been exhausted.

5. To this, learned counsel for the applicant seeks permission to withdraw the present anticipatory bail application with liberty to approach the competent Court of Sessions by filing an appropriate application for anticipatory bail. It is, however, prayed that the applicant may be granted limited protection for a short period so as to enable him to avail the statutory remedy.

6. Having regard to the submissions advanced and without expressing any opinion on the merits of the case, the present anticipatory bail application is dismissed as withdrawn with liberty to the applicant to approach the competent Court of Sessions by filing an appropriate application for anticipatory bail, if so advised.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. In order to enable the applicant to avail the aforesaid remedy, it is directed that till 27.07.2026, the applicant shall not be arrested in connection with the F.I.R. in question, subject to his extending full cooperation with the investigation and complying with any lawful directions issued by the Investigating Officer

8. This protection shall automatically cease upon the expiry of the aforesaid period or upon the disposal of the anticipatory bail application by the Court of Sessions, whichever is earlier.

9. It is made clear that this Court has not expressed any opinion on the merits of the case, and any application filed by the applicant before the competent Court of Sessions shall be considered independently, strictly in accordance with law and on its own merits.

(Alok Mahra, J.) 17-07-2026 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=6a812005bebfcf46f 244f3e584af1449e430ef900b f09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d 9cabfd54852c9e68911ca8b6 6dd26690a191648ab5d8dd0 04ef0, cn=MAMTA RANI Date: 2026.07.18 12:05:10 +05'30'