Allahabad High Court
Sushil Kumar Tripathi And 9 Others vs State Of U.P. And Another on 8 July, 2021
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8988 of 2021
Applicant :- Sushil Kumar Tripathi And 9 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Suresh Chandra Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
The Court is convened through video conferencing.
Heard Shri Suresh Chandra Dwivedi, learned counsel for the applicants and learned A.G.A. appeared.
The present anticipatory bail application has been filed to grant anticipatory bail to applicants in Case Crime No.0497 of 2020, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station - Sadar Bazar, District - Shahjahanpur.
Learned A.G.A. points out that applicants have directly approached before this Court, at the first instance, without approaching the concerned trial court even there is no averment in the application about existence of any special circumstance.
Learned counsel has relied upon a judgment passed by the Apex Court in Sudeep Kumar vs. State of Maharashtra; (2014) 16 SCC 623 and orders passed in Suo Motu Writ Petition No.1 of 2021 to state that applicant could approach before the High Court, at the first instance, however, there is no averment in regard to existence of any special circumstance.
The Full Bench of this High Court in Ankit Bharati vs. State of Uttar Pradesh and Another etc. etc. 2020 (3) ADJ (FB) has settled the issued on 'High Court being approached first' that notwithstanding the concurrent jurisdiction, strong, cogent, compelling reasons and special circumstances must necessarily found to exist in justification of the High Court being approached first without the avenue as available before the Court of Session being exhausted, to be evaluated by the Judge on a due evaluation of the facts and circumstances of a particular case. Some circumstances which may constitute special circumstances are:- (a) where bail, regular or anticipatory of a co-accused has already been rejected by the Court of Session; (b) where an accused not residing within the jurisdictions of the concerned Sessions Court faces a threat of arrest; (c) where circumstances warrant immediate protection and where relegation to the Sessions Court would not sub serve justice; (d) where time and situation constraints warrant immediate intervention.
I have considered the submissions and perused the contents of application.
It is apparent that this application is filed, at the first instance, before this Court for seeking anticipatory bail, however, there is no whisper about existence of any special circumstance in the application.
In view of the above, the present anticipatory bail application is misconceived, hence, dismissed.
However, it is made clear that this order would not come in the way, in case applicants file application for anticipatory bail before concerned court of session.
Order Date :- 8.7.2021
Rishabh
[Saurabh Shyam Shamshery, J.]
