Allahabad High Court
Rohit Singh vs State Of U.P. And Another on 17 May, 2024
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:89279
Court No. - 79
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4749 of 2024
Applicant :- Rohit Singh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Umesh Kumar Vishwakarma
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. 146 of 2018, under Sections 420, 120B IPC, police station Kotwali City, district Pratapgarh.
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. 7 of the affidavit filed in support of this Anticipatory Bail Application, the applicant has mentioned the reason for approaching this Court directly, wherein it is mentioned that "the applicant due to fear and apprehension of arrest as the police authorities are under pressure has visited the campus of District Court hence the applicant has directly filed anticipatory bail application under Section 438 Cr.P.C. in the aforesaid Case Crime No. 146 of 2018, under Sections 420, 120B IPC, police station Kotwali City, district Pratapgarh before this Hon'ble Court".
In view of above, in the opinion of this Court, no compelling or special circumstances exists 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 applicant to approach the concerned Court of Sessions.
Office is directed to return certified copy of the documents, if any, after retaining the xerox copy of the same, to learned counsel for the applicants within three days.
Order Date :- 17.5.2024
Shubham
