Vimlesh Devi vs State Of U.P. And Another
2021 Latest Caselaw 7106 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 64
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12485 of 2021
 

 
Applicant :- Vimlesh Devi
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Digvijay Singh
 
Counsel for Opposite Party :- G.A.,Sanjiv Kumar Pandey,Sudhanshu Pandey
 

 
Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P., learned counsel appearing on behalf of first informant through video conferencing and perused the record.

This Criminal Misc. Anticipatory Bail Application under section 438 Cr.P.C. has been moved by the applicant directly before this court seeking Anticipatory Bail in Case Crime No. 0082 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station-Sadabad Kotwali, District-Hathras.

The Full Bench consisting five Judges of this Court in the case of Ankit Bharti vs. State of U.P. and Another, 2020 (3) A.D.J. 165 (F.B.) has cleared smog on the issue of concurrent jurisdiction for approaching at the first instant for anticipatory bail before High Court or Session Court and held that there must be compelling or special circumstances entitling a party to directly approach the High Court for grant of anticipatory bail.

In the light of above mentioned legal position , first of all this court has to determine whether the applicant who approached this court directly seeking anticipatory bail has made out a case of compelling or special circumstances for entertaining this application.

After perusing the entire record, I find that in the instant anticipatory bail application, applicant has not mentioned any compelling or special circumstance to approach this Court directly without the avenue as available before the court of sessions being exhausted. In paragraph no. 5 of the application it is mentioned that in view of interim order dated 24.10.2019 passed in Criminal Misc. Bail Application No. 44895 of 2019 (Neeraj Yadav & another Vs. State of U.P. & 2 others) the instant anticipatory bail filed on behalf applicant directly before this Court is liable to be entertained.

In the opinion of this Court, in view of Full Bench judgment of this Court in the case of Ankit Bharti (supra) the aforesaid ground taken by the applicant in paragraph no. 5 of the application is not liable to be accepted. No compelling or special circumstances exist in the present case warranting the jurisdiction of this Court being invoked directly without the avenue as available before the Court of Sessions being exhausted.

Accordingly, this Anticipatory Bail Application is dismissed without expressing any opinion on merit of the case with liberty to the applicant to approach the concerned Court of Sessions.

Order Date :- 6.7.2021

Sunil Kr. Gupta