Dismissed

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

Allahabad HC13 Dec 2021ABAIL/1158/2020

Case brief

AI extract

What is this about?

In this list disclosure matter, the High Court noted the applicant's failure to appear to press an anticipatory bail application. The Court observed no special circumstances existed to bypass the Session Court as required by Full Bench precedent, so the application was rejected as withdrawn.

What did the court decide?

Application rejected as withdrawn with liberty to approach the concerned court of Sessions.

Kali Charan and Another Vs State of U.P. and 2 Others — Bail and Remand | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1158 of 2020

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Applicant :- Kali Charan And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.,Bhavisya Sharma

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Hon'ble Deepak Verma,J.

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

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

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"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.

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

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This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicants, namely, Kali Charan and Indrajeet directly before this Court seeking Anticipatory Bail in Case Crime No.0227 of 2019, under Sections 307, 120-B I.P.C., Police Station Mursan, District Hathras, during pendency of investigation.

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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.

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In the light of above mentioned legal position, first of all this Court has to determine whether the applicants, who approached this Court directly seeking anticipatory bail have made out a case of compelling or special circumstances for entertaining this application.

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After perusing the entire record, I find that in the instant anticipatory bail application, applicants have not mentioned any compelling or special circumstance to approach this Court directly without the avenue as available before the court of sessions being exhausted.

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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

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

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

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

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

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Order Date :- 13.12.2021 Nitin Verma

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

Case brief

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

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