Dismissed

Shiv Narayan and 3 Others v. State of U.P.

Allahabad HC7 Dec 2021ABAIL/14541/2021

Case brief

AI extract

What is this about?

In this single-paragraph order, the Court noted the applicants' non-appearance. It found no compelling circumstances to invoke High Court jurisdiction directly under Section 438 Cr.P.C. The application was ultimately rejected as withdrawn by the applicants, with liberty to approach the Sessions Court.

What did the court decide?

Application rejected as withdrawn with liberty to approach the concerned court of Sessions.

Shiv Narayan and 3 Others Vs State of U.P. — Anticipatory Bail | 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. - 14541 of 2021

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Applicant :- Shiv Narayan And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Sharma,Sharda Vishwakarma Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Case called out in revised list. None appeared to press this application.

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Learned Additional Government Advocate on behalf of State is present.

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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. 0163 of 2015, under Sections 147,148,149, 419, 420, 467, 468, 471 and 120-B I.P.C., P.S. Saraimamrej, District Allahabad, during the pendency of the 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

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jurisdiction of this Court 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 submitted 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 :- 7.12.2021 Meenu

Shiv Narayan and 3 Others v. State of U.P.

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Shiv Narayan and 3 Others v. State of U.P.

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