Court No. - 42
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9992 of 2021 Applicant :- Gopal Das Bhartiya @ Nanhe And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ram Manohar Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the applicants and Sri S.S. Tiwari, learned AGA for the State.
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.-
191 of 2021, under Section- 392/323/504/506 IPC, Police Station- Dhoomanganj, District- Prayagraj, during the pendency of the investigation.
The Full Bench consisting five Judges of this Court in the case of Ankit Bharti vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.) 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 the above mentioned legal position, first of all this Court has to determine whether the applicant who 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 applicants submits that in paragraph Nos. 12 and 13 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 the police is continuously making raid to arrest the applicants and applicants are not staying at their home.
In view of above, in the opinion of this Court, the said disclosure is not sufficient and 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 applicant to approach the concerned Court of Sessions.
Order Date :- 31.5.2021 Shekhar