Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28438 of 2018 Applicant :- Yogesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Jeet Yeadav Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Chandra Jeet Yadav, learned counsel for the applicant, Sri N.K. Verma learned A.G.A. appearing for the State and perused the record.
This bail application has been moved seeking bail in Case Crime No. 0011 of 2018 under sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 Police Station Mainather, District Moradabad, during the pendency of trial.
Learned A.G.A. has raised preliminary objection regarding maintainability of the present bail application before this Court as the petitioner has directly come to this Court as the petitioner has a remedy to move bail application before the Court of Special Judge to which learned counsel for the applicant states that the jurisdiction of this Court and the court of Special Judge under section 439 IPC is concurrent.
After going through the record and the law laid-down by the Apex Court and the various High Courts there should be some special reason and special circumstances by which the Court can entertain the bail application on behalf of the applicant but in the present case there is no special reason to which learned counsel for the applicant states that he has given special reason in paragraph nos. 30 and 31 but in our opinion the said ground does not appear special reason fro entertaining the bail application directly. The present bail application is misconceived.
This application is rejected with liberty to move a bail application before the Special Judge, Bareilly, if so advised.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018 AU