Neutral Citation No. - 2025:AHC-LKO:11093 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 151 of 2025 Applicant :- Shiv Kumar Singh And 4 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Distt. Lko. And 3 Others Counsel for Applicant :- Awanish Kumar Bhatt Counsel for Opposite Party :- G.A.,Abhineet Jaiswal,Shreya Jaiswal Hon'ble Shree Prakash Singh,J. Heard counsel for the applicants, counsel for the complainant and learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail during the trial in Case Crime No. 185 of 2024 under sections 419, 420, 467, 468, 471, 504 and 506 of IPC, P.S.- Hasanganj District - Unnao. The preliminary objections are raised by counsel for the complainant that the applicants have directly approached this Court and no reasons are explained in the bail application as is held by the Apex Court in case reported in 2020 SCC online All 1929 (Ankit Bharti v. State of U.P. and Another). Referring the aforesaid, he submits that it is no doubt that the applicants can directly approach this Court, but they have to satisfy the Court while assigning the special reasons and no such reason has been assigned in-consonance with the ratio of judgment in the case of Ankit Bharti(Supra) thus, submission is that the application for anticipatory bail application is liable to be dismissed on this ground alone. Learned counsel appearing for the State has also supported the version of counsel for the complainant. Sri Awanish Kumar Bhatt, counsel appearing for the applicants has vehemently opposed the contentions aforesaid and submits that he has explained the reasons in paragraph no. 5 and has shown thereof that there are tremendous pressure of the police authorities to arrest them and they are adamant for arresting the applicants. He added that the applicants had already given protection by the coordinate division bench of this Court even then the police were also harassing the applicants and as such, this shows the attitude of the police to arrest the applicants, therefore, submission is that the present application may be entertained. This Court has read paragraph no. 21 of the judgment and order of Ankit Bharti's case which is reproduce hereinunder:- "The special circumstances the existence of which have been held to be a sine qua non to the entertainment of an application for anticipatory ball directly by the High Court must be left for the consideration of the Hon'ble Judge before whom the petition is placed and a decision thereon taken bearing in mind the facts and circumstances of that particular cause. However special circumstances must necessarily exist and be established as such before the jurisdiction of the High Court is invoked. The application must rest on a strong foundation in respect of both the apprehension of arrest as well as in justification of the concurrent jurisdiction of the High Court being Invoked directly. The factors enumerated In Vinod Kumar Including (A) and (B) as constituting special circumstances do not merit any review except to observe that the existence of any particular circumstance must be convincingly established and not rest on vague allegations." The aforesaid ratio of the judgment is very clear on its mandate that the Court while considering such issue has to go through the special circumstances prior to invoke such jurisdiction. The case in hand is that the applicants have directly approached this Court and the reasons are said to assigned in paragraph no. 5 of the bail application. Paragraph no. 5 of the bail application is quoted hereinunder:- "That the applicants could not approach to the District and Session Court, Unnao because the police personals of the P.S. concern are trying to arrest the applicants and adamant to send behind bar without collecting credible and cogent evidence against the applicants/alleged accused persons till today." From perusal of the aforesaid paragraph, it transpires that it has been stated that the police personnel concerned are trying to arrest the applicants and adamant to send them behind the bars without collecting credible and cogent evidences against the applicants. This Court finds that in facts and circumstances of the case, no special reasons are assigned for approaching this Court directly and thus, preliminary objection raised by the complainant have force. Consequently, the present anticipatory bail application is hereby dismissed. The applicants are at liberty to move appropriate application before learned trial court concerned. Consigned to records. Order Date :- 20.2.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench