The High Court rejected the anticipatory bail application filed directly by Suresh Kumar @ Sonu. The Court held that no compelling or special circumstances existed to bypass the Sessions Court's jurisdiction, contrary to the requirement set by the Full Bench in Ankit Bharti vs. State of U.P.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:207419
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10822 of 2023
Applicant :- Suresh Kumar @ Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramanuj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
" 16. That in the present case the learned Court below has issued the N.B.W. against the applicant and due to the aforesaid circumstances the applicant could not file any Criminal Misc. Anticipatory Bail Application before the Court below and the applicant is directly filing the present application before this Hon'ble Court. "
Order Date :- 27.10.2023 ss
Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether an anticipatory bail application can be directly filed before the High Court without a rejection order from the Sessions Court given the lack of special circumstances.
Whether the reasons disclosed by the applicant constitute compelling circumstances to bypass the jurisdiction of the Court of Session.
Colour shows how this judgement treated each authority
Ankit Bharti vs. State of U.P. and anotherReferred¶2
Ankit Bharti vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.)
1 provisions across 1 enactments
Suresh Kumar @ Sonu
State of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
