The Single Bench of Justice Rohit Ranjan Agarwal of Allahabad High Court while dismissing a bail application has reprimanded the applicants for filing bail application in high court directly.
The applicants, namely Bhopal and two others, has moved Criminal Miscellaneous Anticipatory Bail Application under Section 438 Cr.P.C directly before this Court seeking anticipatory bail in Case registered against them under Sections- 420, 467, 468, 471, 506, 120B, 34, 386 IPC, in Police Station- Sahibabad, District- Ghaziabad.
The Court has placed reliance on the judgment laid down by the Full Bench consisting five Judges of this Court in the case of Ankit Bharti vs. State of U.P. and another, where in the court 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.
The Bench has observed that,
“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.”
The court has found 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.
The bench while dismissing the present bail application has stated that,
“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.”
The Court has also granted liberty to the applicants to approach the concerned Court of Sessions.
Case details:
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5771 of 2021
Applicant :- Bhopal And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rajeev Kumar Rai
Counsel for Opposite Party :- G.A.
Bench: Rohit Ranjan Agarwal
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