Dismissed

Suryadev Singh v. State of U.P.

Allahabad HC13 Dec 2021ABAIL/1152/2020

Case brief

AI extract

What is this about?

In response to an anticipatory bail application moved directly to the High Court, the court held that no compelling or special circumstances existed to bypass the Sessions Court. The applicant withdrew the application, which was accordingly rejected with liberty to approach the Sessions Court.

What did the court decide?

Application rejected as withdrawn with liberty to approach the court of Sessions.

Suryadev Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1152 of 2020

¶3

Applicant :- Suryadev Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Singh,Rajesh Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Deepak Verma,J.

¶5

List revised. Case called out. None appears on behalf of the applicant to press this anticipatory bail application. Learned AGA for the State is present.

¶6

By Full Bench order dated 02.03.2020, following order has been passed:-

¶7

"Reference stands answered. For orders, see order of date passed on Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 1094 of 2020 Ankit Bharti Vs State of U.P. and another.

¶8

The application be now placed before the appropriate Bench for disposal in light of the above."

¶9

This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant- Suryadev Singh directly before this Court seeking Anticipatory Bail in Case Crime No.143 of 2019, under Sections 379, 411 I.P.C. and Section 2/3 of Prevention of Damage to Public Property Act, 1984, Police Station Poonch, District Jhansi, during pendency of investigation.

¶10

The Full Bench consisting five Judges of this Court in the case of Ankit Bharti vs. State of U.P. and another, reported in 2020 (3) ADJ 575 (FB) has cleared the 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.

¶11

In the light of 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.

¶12

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.

¶13

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

¶14

being invoked directly without the avenue as available before the court of sessions being exhausted.

¶15

Lastly, learned counsel for the applicant submitted that the applicant does not want to press the present anticipatory bail application and the same may be rejected as withdrawn with liberty to the applicant to file an appropriate application before the court concerned.

¶16

Learned Additional Government Advocate does not have any objection to the aforesaid prayer of the counsel for the applicant.

¶17

This anticipatory bail application is accordingly rejected as withdrawn with liberty to the applicant to approach the concerned court of Sessions.

¶18

Order Date :- 13.12.2021 Nitin Verma

Suryadev Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Suryadev Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Firdaus Ahmad Vs State of U.P.

Sitaram Vs State of U.P. and Another

Jitendra Kumar Vs State of U.P.

Rakesh Kumar Vs State of U.P. and Another

Sumit Alias Sumit Kumar Vs State of U.P.

Kali Charan and Another Vs State of U.P. and 2 Others