Omkar And Another vs State Of U.P. And 2 Others
2021 Latest Caselaw 6802 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9143 of 2021
 

 
Applicant :- Omkar And Another
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Akhilesh Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Despite video link being sent to the learned counsel for the applicants, no one has appeared to press this application. Learned AGA is present.

This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicants directly before this Court seeking anticipatory bail in Case Crime No.- 016 of 2021, under Sections- 498-A/323/304-B IPC and 3/4 of D.P. Act, Police Station- Fareedpur, District- Bareilly, during the pendency of the investigation.

Today when the matter was taken up, learned AGA has pointed out that present anticipatory bail application is not maintainable in the light of Full Bench judgment of this Court in the case of Ankit Bharti vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.), as the applicants have not approached the Court of Sessions.

In the light of the above mentioned legal position, first of all this Court has to determine whether the applicants who approached this Court directly seeking anticipatory bail have 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, applicants have 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 view of above, in the opinion of this Court, 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 merits of the case with liberty to the applicants to approach the concerned Court of Sessions.

Order Date :- 29.6.2021

Shekhar