The High Court dismissed an anticipatory bail application filed directly before it without exhausting the remedy of approaching the Court of Sessions first, though it allowed the applicant to approach the competent court subsequently.
Application for anticipatory bail dismissed; applicant allowed to approach the competent court.
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Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12125 of 2022
Applicant :- Sant Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ved Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
3. In Harendra Singh @ Harendra Bahadur vs. the State of U.P. passed in Criminal Misc. Application No. 6478 of 2019 (Bail) vide order dated 08.07.2019, it is held as below:-
"The bail application filed under Section 438 of Cr.P.C. is not maintainable before the High Court without exhausting remedy before the Court of Sessions, which has got concurrent jurisdiction. However, for extraneous or special reasons, the High Court can also exercise such power for grant of the remedy under the said provision."
Order Date :- 19.1.2023 Gaurav
Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether an anticipatory bail application under Section 438 Cr.P.C. is maintainable before the High Court without exhausting remedy before the Court of Sessions.
Colour shows how this judgement treated each authority
Harendra Singh @ Harendra Bahadur vs. the State of U.P.Distinguished¶7
Harendra Singh @ Harendra Bahadur vs. the State of U.P. passed in Criminal Misc. Application No. 6478 of 2019 (Bail) vide order dated 08.07.2019
1 provisions across 1 enactments
Sant Kumar
Jyotsna Sharma
Gaurav Patel
As recorded by the court registry
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