...who has reasons to believe that, he may be arrested on accusation of having committed a non-bailable offence, he may apply to High Court or the Court of Sessions for a direction under this Section, that in event of arrest he shall be released on bail. This means that High Court and Court of Session have concurrent jurisdiction to grant anticipatory bail for an offence. Hence, an application for grant of anticipatory bail directly in...High Court without first approaching Sessions Court is certainly maintainable. However, in considered view of this Court, the High Court hearing the application for anticipatory bail directly filed...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 4 consideration of the Hon'ble Judge before whom the petition is placed and a decision thereon taken bearing in mind...

...having committed a non-bailable offence, he may apply to High Court or the Court of Sessions for a direction under this Section, that in event of arrest he shall be released on bail. This means that 3 High Court and Court of Session have concurrent jurisdiction to grant anticipatory bail for an offence. Hence, an application for grant of anticipatory bail directly in...High Court without first approaching Sessions Court is certainly maintainable. However, in considered view of this Court, the High Court hearing the application for anticipatory bail directly filed...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...

...concerned, faces a threat of arrest, should be allowed to approach the High Court directly, to move an anticipatory bail application by the logic given above in Para 6 of this judgment; and...Ankit Bharti Vs. State of U.P. and another (Crl. Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 1094 of 2020) the learned Judge while referring the matter to this Full Bench expressed certain reservations with respect to the answers rendered in Vinod Kumar while dealing with the question of what would constitute "special circumstances" enabling an applicant to approach the High Court directly by...directly in issue. The argument of per incuriam is thus liable to be and is consequently rejected.The legal position which consequently emerges is that notwithstanding the concurrent jurisdiction being conferred on the High Court and the Court of Session for grant of anticipatory bail under...

...language of Section 438 of Cr.P.C. which says that any person who has reasons to believe that, he may be arrested on accusation of having committed a non-bailable offence, he may apply to High Court or the Court of Sessions for a direction under this Section, that in event of arrest he shall be released on bail. This means that High Court and Court of Session have concurrent jurisdiction to grant anticipatory bail for an offence. Hence, an application for grant of anticipatory bail directly in...High Court without first approaching Sessions Court is certainly maintainable. However, in considered view of this Court, the High Court hearing the application for anticipatory bail directly filed...:- "21. 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 4 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...

...having committed a non-bailable offence, he may apply to High Court or the Court of Sessions for a direction under this Section, that in event of arrest he shall be released on bail. This means that High Court and Court of Session have concurrent jurisdiction to grant anticipatory bail for an offence. Hence, an application for grant of anticipatory bail directly in...the High Court without first approaching Sessions Court is certainly maintainable. However, in considered view of this Court, the High Court hearing the application for anticipatory bail directly filed...non to the entertainment of an application for anticipatory bail directly by the High Court must be left for the 6 consideration of the Hon'ble Judge before whom the petition is placed and a decision thereon taken bearing in mind...

... Court or the Court of Sessions for a direction under this Section, that in event of arrest he shall be released on bail. This means that High Court and Court of Session have concurrent jurisdiction to grant anticipatory bail for an offence. Hence, an application for grant of anticipatory bail directly in the...High Court without first approaching Sessions Court is certainly maintainable. However, in considered view of this Court, the High Court hearing the application for anticipatory bail directly filed.... 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 Sessions Court will not prejudice them. It is said that it is only where there are special and exceptional circumstances to approach the High Court directly that High Court should entertain anticipatory bail applications directly without insisting upon the petitioners first approaching the Sessions Court. 10. It is thus clear that the view taken by R.A. Mehta, J. in the...case which would virtually discourage people from approaching the High Court directly was taken in respect of anticipatory bail applications under...held that it cannot be made because the party can approach either the Sessions Court or the High Court and not both the courts even though it may be one after the other. One may or may not agree with this view but the necessary corollary which flows from the view taken by the Calcutta High Court in this decision is that one can apply directly to the High Court for anticipatory bail under...

...directly seeking a relief of anticipatory bail though there is a concurrent jurisdiction. This is a consistent and salutary practice. If this is deviated then it would definitely open flood gates for application under Section 438 Cr.P.C. in the High Court...that the affected party cannot seek his remedy before the Court of Sessions, then there is no bar or impediment for entertaining the application for anticipatory bail directly in the High Court. The.... 7. At the outset, it is noticed that the petitioner has filed a petition before the Sessions Court seeking anticipatory bail through e-mail in view of non-sitting of the regular court due to...

...could reach the Court of Session for filing anticipatory bail application, any such other similar situation or any other unapproachable or avoidable situation. Moreover, the object with which the legislature has conferred concurrent power to Court of Session under Section 438 Cr.P.C. along with High Court would not be meaningful if the accused is allowed to approach to this Court directly in routing...for anticipatory bail. Even the Full Bench of this Court in the case of Onkar Nath Agrawal and others. Vs. State reported in 1976 (2) ALR 149 and 1976 Crl. L.J. 1142 has therefore, left open to the Judge to exercise his discretion for entertaining the anticipatory bail application directly to High Court...and pointed out that the applicants have directly approached this Court for seeking anticipatory bail without approaching the Court of Sessions. On a pointed query made from learned counsel for the...

...working of the Court below is paralysed or the normal life of the city is so disturbed that neither accused nor is counsel could reach the Court of Session for filing anticipatory bail application, any such other similar situation or any other unapproachable or avoidable situation. Moreover, the object with which the legislature has conferred concurrent power to Court of Session under Section 438 Cr.P.C. along with High Court would not be meaningful if the accused is allowed to approach to this Court directly in routing...for anticipatory bail. Even the Full Bench of this Court in the case of Onkar Nath Agrawal and others. Vs. State reported in 1976 (2) ALR 149 and 1976 Crl. L.J. 1142 has therefore, left open to the Judge to exercise his discretion for entertaining the anticipatory bail application directly to High Court...anticipatory bail and pointed out that the applicant has directly approached this Court for seeking anticipatory bail without approaching the Court of Sessions. On a pointed query made from learned...

...anticipatory bail application, any such other similar situation or any other unapproachable or avoidable situation. Moreover, the object with which the legislature has conferred concurrent power to Court of Session under Section 438 Cr.P.C. along with High Court would not be meaningful if the accused is allowed to approach to this Court directly in routing...manner for anticipatory bail. Even the Full Bench of this Court in the case of Onkar Nath Agrawal and others. Vs. State reported in 1976 (2) ALR 149 and 1976 Crl. L.J. 1142 has therefore, left open to the Judge to exercise his discretion for entertaining the anticipatory bail application directly to High Court...opposed the prayer for anticipatory bail and pointed out that the applicant has directly approached this Court for seeking anticipatory bail without approaching the Court of Sessions. On a pointed query...

.... 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...:- "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...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 1 applicant is directed to approach Courts of Session and move an application for anticipatory bail which shall be decided in accordance...

...entertaining the application for grant of anticipatory bail directly before the High Court inasmuch as none of the conditions as stated by the full bench of in he case of Ankit Bharti (supra) applied to the...clearly dealt with this aspect in great detail and only in certain conditions, it is stated that the anticipatory bail would be maintainable at the first instance before the High Court and the anticipatory... Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7162 of 2021 Applicant :- Amar Singh...

...supplementary affidavit that since non-bailable warrant has been issued against the applicant, the applicant has approached this Court directly. 5. 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 discussed on the issue of concurrent jurisdiction for approaching at the first instant for anticipatory bail before High Court...circumstances entitling a party to directly approach the High Court for grant of anticipatory bail. 6. The reason disclosed in paragraph 4 of the supplementary affidavit does not come within the category of a special reason / circumstance under which the applicant may be permitted to move anticipatory bail application directly to...this High Court. 7. In the light of the above mentioned legal position, I find that in 1 the instant anticipatory bail application, applicant has not mentioned any compelling or special circumstance to approach this Court directly without...

...discretion not to entertain each and every application for either anticipatory or regular bail directly by the High Court bypassing the Court of Sessions.In my view ordinarily, the...and far between, the trial in the lower Court. Hence, in my view, it is only in exceptional circumstances that an application for bail should be made directly to the High Court and in the absence of...Court has submitted that the Crl. Misc. 265/2001 was the only application filed under Section 438 Cr. P.C for the relief of anticipatory bail, whereas Cr. P. 1387 of 2001...

...1. These are the two applications for anticipatory bail on totally different sets of facts. However, because of a common question, they are heard together. The common question is whether the High Court should directly entertain the applications for anticipatory bail or whether the petitioners should be directed to approach the Sessions Court first. 2. The petitioner in Misc...that no successive revision application first to the Sessions Court and second to the High Court is maintainable. This judgment is also of no assistance to the present case because it is not that anticipatory bail application to the High Court directly is not maintainable. Such an application is maintainable, but the question is whether the High Court should exercise the discretion in entertaining.... However, in the present case, the petitioners have not shown as to why they have chosen to by-pass the Court of Session whilst approaching the High Court directly. They should hence first approach the said Court for the grant of this relief. 10. I am in respectful agreement with the ratio of these two cases. I am of the opinion that it would be a sound exercise of judicial discretion not to entertain each and every application for anticipatory bail directly...

... Sessions Court, Jhansi for filing an anticipatory bail application, as the applicant had directly moved the High Court seeking anticipatory bail.  2. The application for withdrawal is allowed. In re... HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5724 of 2026 Court...of date, the anticipatory bail application is dismissed as withdrawn with the liberty to the applicant to approach the concerned Court  seeking anticipatory...

...annexed to the anticipatory bail application, the special circumstances have been explained to move directly before this Court for anticipatory bail, however, after perusal of the paragraph 14 of the affidavit, I do not find any special reason to move this anticipatory bail application directly before the High Court. 5. The Full Bench consisting five Judges of this Court in the...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. 1 6. In the...Court, this anticipatory bail application has been directly filed before this Court. 4. Learned counsel for the applicant has submitted that in paragraph 14 of the affidavit...

...Court, this anticipatory bail application has been directly moved before this Court. 4. 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 discussed on the issue of concurrent jurisdiction for approaching at the first instant for anticipatory bail before High Court...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. 5. From the perusal of the record, it reveals that the the applicant has not mentioned as to what were the special reasons / circumstances under which the applicant has approached this Court and he may be permitted to move anticipatory bail application directly to this High Court. 6. In the.... has been moved by the applicant - Satyam Prajapati directly before this Court seeking anticipatory bail in Case Crime No. - 751 of 2022, under Sections 417, 419, 420, 467, 468, 471, 120-B...

....”35. It must therefore, be held that Section 438 Cr.P.C. on its plain terms does not mandate or require a party to first approach the Sessions Court before applying to the High Court for grant of anticipatory bail. The provision as it stands does not require an individual first being relegated to the Court of Sessions before being granted the right of audience before this Court.QUESTIONS C - In what circumstances can the High Court be approached directly under...of when should the High Court entertain an application for anticipatory bail directly. Hon'ble Chandra Dhari Singh, J. after noticing the views taken by different High Courts in Harendra Singh has...exercised by the High Court in light of the contemporaneous jurisdiction conferred on the Court of Session was not a question directly in issue. The argument of per incuriam is thus liable to be and is consequently rejected.41. The legal position which consequently emerges is that notwithstanding the concurrent jurisdiction being conferred on the High Court and the Court of Session for grant of anticipatory bail under...