Court No. - 42
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5631 of 2021 Applicant :- Vikas Gupta And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rohan Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the applicant and Sri Janardan Prakash, 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.- 0377 of 2018, under Sections- 406/415/417/418/420/421/422/423/463/464/465/468/471/120-B and 34 IPC, Police Station- Hapur Nagar, District- Hapur, 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.
After perusing the entire record, I find that in the instant anticipatory bail application, applicant has not mentioned any compelling or special circumstance to approach this Court directly without the avenue as available before the Court of Sessions being exhausted.
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.
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