RESHMA AND 8 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
ABAIL/593/2025 · 2025-05-28
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140213 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140213 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:32329 Court No. - 18 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 593 of 2025 Applicant :- Reshma And 8 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ruby Maurya Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the applicants and learned Additional Government Advocate for the State. 2. This is the second anticipatory bail application filed under Section 438 of the Code of Criminal Procedure on behalf of the applicants in respect of Case Crime No. 0196/2023, registered under Sections 419, 420, 467, 468, and 471 of the Indian Penal Code, Police Station Kotwali Nagar, District Shrawasti. 3. The first anticipatory bail application being Criminal Misc. Anticipatory Bail Application No. 2638 of 2023 was rejected by this Court vide order dated 27.09.2024 while relying upon the Full Bench judgment in Ankit Bharti vs. State of U.P., AIR Online 2020 All. 694. The said application was dismissed primarily on the ground that the applicants had directly approached this Court without availing remedy before the Sessions Court and without pleading any exceptional circumstances for such approach. 4. Learned counsel for the applicants has argued that the applicants have been falsely implicated and no custodial interrogation is required. He further submits that the applicant can file a bail directly before the High Court in special circumstances. 5. Learned A.G.A. has opposed the anticipatory bail application. 6. Perused the record. 7. The Full Bench consisting five Judges of this Court in the case of Ankit Bharti vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.) has cleared the issue of concurrent jurisdiction for approaching at the first instant for anticipatory bail before High Court or Session Court and held that there must be compelling or special circumstances entitling a party to directly approach the High Court for grant of anticipatory bail. 8. From a perusal of the record, it is evident that the applicants have again approached this Court directly without first approaching the Sessions Court, and without demonstrating any compelling or special circumstances that would justify by-passing the Sessions Court. 9.
In view of the law laid down in Ankit Bharti vs. State of U.P. (supra), and in the absence of any exceptional or compelling circumstances being shown by the applicants, the anticipatory bail application is dismissed. Order Date :- 28.5.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench