Dismissed

Rohit Verma v. State of U.P. and Another

Allahabad HC6 Dec 2021ABAIL/5883/2021

Case brief

AI extract

What is this about?

In this anticipatory bail application filed directly before the High Court under Section 438 Cr.P.C., the applicant failed to demonstrate compelling or special circumstances warranting direct approach. The court dismissed the writ but accepted its withdrawal, directing the applicant to approach the Sessions Court.

What did the court decide?

Application rejected as withdrawn; liberty granted to approach the Sessions Court.

Rohit Verma Vs State of U.P. and Another — 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. - 5883 of 2021

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Applicant :- Rohit Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.P.S. Chauhan,Smt. Meenakshi Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned AGA on behalf of the State and perused the record.

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This anticipatory bail application (under section 438 Cr.P.C. ) has been moved by the applicant, Rohit Sharma seeking bail in Criminal Case No.740 of 2020 arising out of Case Crime No.0077 of 2019, under Sections 498-A, 323, 504 I.P.C. & 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Hathras, till conclusion of trial.

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On 02.03.2020, the Full Bench of this Court has passed the following order:-

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"Reference stands answered. For orders, see order of date passed in 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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In Ankit Bharti's case it has been held that there must be compelling or special circumstances entitling a party to directly approach the High Court for grant of anticipatory bail. In the present anticipatory bail application, the applicant has not approached the Session Court and directly filed the present anticipatory bail application before this Court. Learned counsel for the applicant in Para-8 of the affidavit has given reasons for directly approaching this Court. Applicant is husband and general allegations have been assigned against him.

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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.

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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.

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

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Lastly, learned counsel for the applicant submitted that the applicant does

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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.

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

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

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Order Date :- 6.12.2021 SKD

Rohit Verma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rohit Verma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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