1 2025:CGHC:48953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1491 of 2025 Umesh Tirkey S/o Chhotan Ram Aged About 38 Years R/o Village Ghorgadi, P.O. Sewari, P.S. Rajpur, Distt. Balrampur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The P.S. Rajpur, Distt. Balrampur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Ms. I. Lakra, Advocate. For Respondent(s) : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.09.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.208/2025 registered at Police Station Rajpur, Distt. Balrampur (C.G.) for the offence punishable under Sections 69 and 351(3) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. From perusal of the office report, it appears that the present applicant has directly filed this anticipatory bail application before this Court AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 without approaching the trial Court, without having exceptional, rare or unusual reasons, which is not maintainable. 3. While dealing with maintainability of the application filed under Section 438 of CrPC directly before the High Court, this Court in the case of Hare Ram Sharma Vs. State of Chhattisgarh, reported in 2020 SCC OnLine Chh 639 has held as under : “16. Thus, the catena of judgments referred to above would follow the common thread that albeit Section 438 of the Cr.P.C. confers concurrent jurisdiction on the High Court and the Sessions Court, an application should ordinarily be filed before the Sessions Court at the first instance and not directly before the High Court. For filing an application directly before the High Court the applicant has to demonstrate and satisfy the High Court that there exists exceptional, rare or unusual reasons for the applicant to approach the High Court directly. 17. Merely for the reason that the accused has a good case on merits cannot be a ground for moving the bail application directly before the High Court for the reason that if the accused has a good case on merits and there is no material available with the police to implicate the accused, there is no reason why the learned Sessions Judge would not be in a position to appreciate the facts and circumstances of the case and apply his judicial mind.” 4. On a pointed query being made to the learned counsel for the applicant as to what exceptional circumstances warranted the applicant to approach this Court first instead of the concerned trial Court, the counsel for the applicant failed to demonstrate or advance any exceptional, rare, or unusual grounds in this regard. 5. Considering the fact that the counsel for the applicant has failed to demonstrate or advance any exceptional, rare, or unusual grounds to 3 approach directly before this Court without approaching the trial Court, thus, in the light of law laid down by this Court in Hare Ram Sharma (supra), the instant bail application is dismissed as not maintainable. However, the applicant is at liberty to move an appropriate application before the appropriate forum, if he so wishes. Sd/- Sd/- (Ramesh Sinha) Chief Justice Akhil