Allahabad High Court
Afjal Khan vs State Of Up Thru. Prin. Secy. Home ... on 28 November, 2022
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1987 of 2022
Applicant :- Afjal Khan
Opposite Party :- State Of Up Thru. Prin. Secy. Home Deptt. Civil Sectt. Up Lko. And Another
Counsel for Applicant :- Vivek Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. 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. 438 of 2022, Under sections 498-A, 323, 504, 506, 313 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Bilgram, District Hardoi.
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 applicant who has approached this court directly seeking anticipatory bail, has made out a case of compelling or special circumstances for entertaining this application.
Learned counsel for the applicant submits that in paragraph No. 23 of the affidavit filed in support of this Anticipatory Bail Application, applicant has mentioned the reason for approaching this Court directly, wherein it is mentioned that he could not approached before the learned court below as the brother of the opposite party no. 2 is involved in criminal activities and several time has given threatening to the applicant for dare consequence.
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. I also find that the said averment filed in support of this anticipatory bail application mentioning therein the reason for approaching this Court directly is vague.
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 :- 28.11.2022
saurabh
