Allahabad High Court
Kanhaiya And 3 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. - 4666 of 2021
Applicant :- Kanhaiya And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ray Sahab Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
1. This Court is convened through Video Conferencing.
2. Sri Ray Sahab Yadav, learned counsel for applicants, has not responded to the video link. On the last date also he was not responded. Learned A.G.A. for State appears.
3. Applicants have approached this Court by way of filing the present Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. in Case Crime No. 0012 of 2018, under Sections 419, 420, 506 IPC, Police Station Basdeeh, District Ballia.
4. Learned A.G.A. appearing for State submitted that applicants have approached this Court at the first instance without approaching Trial Court. It is also pointed out that in the entire application there is no averment with regard to existence of any special circumstances.
5. 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 issue 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.
6. I have perused the contents of the application. Applicants have approached this Court at the first instance and there is no averment with regard to existence of any special circumstance to entertain this application at the first instance before this Court without approaching the Trial Court. The application is not based on concrete facts rather they are vague in nature.
7. In view of aforesaid judgment of Full Bench as also considering the fact that there is no special circumstances for applicants to approach this Court at the first instance, I find no ground to exercise discretion of this Court for granting anticipatory bail.
8. The application is accordingly dismissed.
9. However, it is made clear that this order would not come in the way, in case applicants approach the concerned Court seeking anticipatory bail.
Order Date :- 8.7.2021
AK
