What Is The Case
- While dismissing a bail application, the Allahabad High Court's Single Bench of Justice Rohit Ranjan Agarwal chastised the applicants for submitting the bail application in the High Court immediately.
- The applicants, Bhopal and two others have filed a Criminal Miscellaneous Anticipatory Bail Application under Section 438 Cr. P.C, directly before this Court, seeking anticipatory bail in a case filed against them under Sections 420, 467, 468, 471, 506, 120B, 34, 386 IPC, in Sahibabad Police Station, District- Ghaziabad.
- The Court has relied on the judgement of the Full Bench of this Court, consisting of five judges, in the case of Ankit Bharti vs. State of U.P. and another, where the court cleared the air on the issue of concurrent jurisdiction for seeking anticipatory bail before the High Court or Session Court at the first instance and held that there must be compelling or special circumstances.
- “In light of the foregoing legal position, this Court must first decide whether the petitioners who contacted this Court directly requesting anticipatory bail have made out a case of compelling or special circumstances for entertaining their application,” the Bench stated.
- The court has determined that in the instant anticipatory bail application, the applicants have not stated any compelling or unusual circumstances that would lead them to seek this Court without first exhausting the avenues available to the Court of Sessions.
- “In light of the foregoing, 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 available before the Court of Sessions being exhausted,” the bench said in dismissing the current bail application.
- The applicants have also been given permission to seek the relevant Court of Sessions.
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