Allahabad High Court (Court No. 69), Criminal Misc. Bail Application No. 41370 of 2025, Teekam v. State of U.P., Hon'ble Arun Kumar Singh Deshwal, J. — interim order dated December 15, 2025 recording rival submissions on the maintainability of bail applications directly before the High Court. Sri N.I. Jafri, learned Senior Advocate for the applicant, submitted that the High Court has concurrent power with the Sessions Judge under S. 439 Cr.P.C. (corresponding S. 483 BNSS); that although as a matter of practice (per Arvind Kejriwal v. CBI, Criminal Appeal No. 3816 of 2024, decided 13.09.2024) the accused should ordinarily approach the Sessions Court first, after rejection by the Sessions Court the High Court can consider material collected during trial though not available earlier; that subsequent material gathered during trial can be considered even while a first bail application is pending before the High Court; and that a second bail on fresh material is directly maintainable before the High Court, relying on Kamal @ Kamal Choudhary v. State of M.P. (Criminal Appeal No. 992 of 2025) and Emperor v. H.L. Hutchinson, 1931 SCC OnLine All 14. The learned AGA countered that under special Acts, where appeal against rejection of bail by the special court lies to the High Court, a subsequent-material application must first be made before the special court, relying on Shoma Kanti Sen v. State of Maharashtra (Criminal Appeal No. 2595 of 2023, paras. 10 & 12). No bail decision was made; the matter was put up for further hearing on 16.12.2025 at 2:00 pm.
