In Chamber
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12699 of 2021
Applicant :- Kamla Devi And 4 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- V.P. Singh Kashyap,Manish Kumar Kashyap
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned A.G.A for the State and perused the material on record.
The instant application is being moved by the applicants invoking the powers of Section 438 Cr.P.C. apprehending their arrest in connection with Case Crime no.0020 of 2021, under Sections 395, 354B, 506, 323 and 427 I.P.C. at Police Station- Shikandarpur Vaish, District-Kasganj.
From the record, it is evident that the applicants have approached this Court straightway without getting their anticipatory bail rejected from the court below.
Learned counsel for the applicants has drawn attention of the Court to Clause-7 of Section 438 Cr.P.C. (U.P. Act No.4 of 2021), which read thus :
"(7) If an application under this section has been made by any person to the High Court, no application by the same person shall be entertained by the Court of Session."
After interpreting the aforesaid clause, it is clear that the Legislature in its own wisdom bestowed two avenues upon the accused with a rider that if the accused has chosen to come to the High Court straightaway, then they would not be relegated back to exhaust their remedy before the Court of Session first. In this regard, learned counsel for the applicants has placed reliance upon the Full Bench judgment of this Court in the case of Ankit Bharti and others Vs. State of U.P. and another, 2020(3) ADJ 575 in which the Bench has directed to spell out the extraordinary and special reasons for coming to the High Court. After perusal of those pleadings/reasons in this regard, this Court is satisfied that the reasons mentioned therein are quite convincing to entertain the present anticipatory bail application before this Court itself.
After perusing the F.I.R., I am not inclined to to grant indulgence in favour of the applicants.
Accordingly, the present anticipatory bail application stands
REJECTED.
Order Date :- 23.9.2021 Rahul.