Court No. - 66 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2337 of 2020
Applicant :- Neha Madaan
Opposite Party :- State of U.P.
Counsel for Applicant :- Anshul Pathak,Rahul Singh Dahiya
Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present anticipatory bail application has been filed by the applicant- Neha Madaan in F.I.R. No. 282 of 2019, under Sections 380, 381, 408, 420, 467, 468, 471, 474, 120-B, 34 I.P.C. and Sections 43, 66 and 72 of I.T. Act, P.S. Sector-58, Noida, District Gautam Budh Nagar with the prayer to grant anticipatory bail to the applicant.
It appears that the applicant has filed the present anticipatory bail application directly before this Court without even laying down rudimentary foundation with respect to the perceived apprehension of arrest. In the entire petition no cogent, compelling and special circumstances have been stated to exist for justification of the High Court being approached first without the avenue as available for the session court. In view of it, the present application is not in consonance with the guideline laid down by the Court in Vivek Kumar vs. State of U.P. and another and by the Full Bench of this Court in
Ankit Bharti vs. State of U.P. and another in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.1094 of 2020 decided on 2.3.2020. The relevant portion of Ankit Bharti's case is reproduced herein under:-
"The special circumstances the existence of which have been held to be a sine qua non to the entertainment of an application for anticipatory bail 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." Accordingly, the present application is not maintainable. The Neutral Citation No. - 2020:AHC:44775
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applicant is directed to approach Courts of Session and move an application for anticipatory bail which shall be decided in accordance with law, however, in the event bail application is rejected it is always open for the applicant to move anticipatory bail before this Court.
Accordingly, the application for anticipatory bail is rejected.
Order Date :- 6.3.2020 Vikas
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