Sajeev Singh And Another vs State Of Up Thru. Prin. Secy. Home ...
2022 Latest Caselaw 15516 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1827 of 2022
 

 
Applicant :- Sajeev Singh And Another
 
Opposite Party :- State Of Up Thru. Prin. Secy. Home Lko. And 8 Others
 
Counsel for Applicant :- Anurag Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Singh,J.

Mr. Shivendra Rao, learned Advocate has filed his vakalatnama on behalf of opposite party nos. 5 to 9, which is taken on record.

Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P., Mr. Shivendra Rao, learned counsel for the opposite party nos. 5 to 9 and perused the record.

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 pursuant to complaint / application dated 14.09.2022 given against him by the respondent nos. 5 to 9 at Police Station Kotwali Nagar, District Barabanki.

At the outset, learned Additional Government Advocate raised a preliminary objection that in view of the judgment of Larger Bench consisting five Judges of this Court in the case of Ankit Bharti and others vs. State of U.P. and Another 2020 (3) A.D.J. 575 (F.B.), this anticipatory bail application is not maintainable.

The Larger Bench (Supra) 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 applicants who have approached this court directly seeking anticipatory bail, have made out a case of compelling or special circumstances for entertaining this application.

Learned counsel for the applicants submit that till date no F.I.R. has been registered on the said application dated 14.09.2022 of respondents no.5 to 9. In paragraph No. 2 of the affidavit filed in support of this Anticipatory Bail Application, applicants have mentioned the reason for approaching this Court directly, wherein it is mentioned that the applicant no. 1 is resident of District Ghaziabad and the applicant no. 2 is resident of District Pratapgarh and they are facing threat from the respondent no. 4 i.e. Chowki Incharge, Police Chowki Gadiya Barabanki, Kotwali Nagar, District Barabanki in collusion with respondent nos. 5 to 9.

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 merit of the case, with liberty to the applicants to approach the concerned Court of Sessions.

Order Date :- 1.11.2022

saurabh