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1

...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...


Court: Allahabad High Court
Date: Sep 6, 2023 Cited By: 0 Coram: 1
2

...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...


Court: Uttarakhand High Court
Date: Oct 14, 2024 Cited By: 0 Coram: 1
3

...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...


Court: Uttarakhand High Court
Date: Oct 22, 2024 Cited By: 0 Coram: 1
4

...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...


Court: Uttarakhand High Court
Date: Apr 29, 2024 Cited By: 0 Coram: 1
5

... 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...


Court: Allahabad High Court
Date: Jul 31, 2026 Cited By: 0 Coram: 1
6

...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...- Krishna Kant Yadav directly before this Court seeking anticipatory bail in Criminal Case No. - 225 of 2021, under Sections 3/5A/8 of Prevention of Cow Slaughter Act and Section 1 of the Prevention...


Court: Allahabad High Court
Date: Aug 7, 2023 Cited By: 0 Coram: 1
7

...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...


Court: Allahabad High Court
Date: Sep 15, 2023 Cited By: 0 Coram: 1
8

...Court." 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 or Session Court and held that there must be compelling or special circumstances entitling a party to directly approach...High Court for grant of anticipatory bail. 1 6. The reason disclosed in paragraph 16 of the affidavit accompanying the present anticipatory bail application 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...High Court. 7. In the light of the above mentioned legal position, I find that in the instant anticipatory bail application, applicant has not mentioned any compelling or special circumstance to approach this Court directly without...


Court: Allahabad High Court
Date: Oct 27, 2023 Cited By: 0 Coram: 1
9

...the first instant for anticipatory bail before High Court or Session Court and held that there must be compelling or 1 special circumstances entitling a party to directly approach the High Court for grant of anticipatory bail. 6. The reason disclosed in paragraph...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...moved by the applicant - Sharad Kumar Pandey directly before this Court seeking anticipatory bail in Case Crime No. - 263 of 2022, under Sections 419, 420, 467, 468, 471, 406 IPC, Police...


Court: Allahabad High Court
Date: Aug 7, 2023 Cited By: 0 Coram: 1
10

....) has discussed on the issue of concurrent jurisdiction for approaching at the first instant for anticipatory bail before High 1 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. 6. The reason disclosed in paragraph...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...438 Cr.P.C. has been moved by the applicant - Abhishek Soni @ Abhishek Swarnkar directly before this Court seeking anticipatory bail in Complaint Case No. - 15 of 2020, under Sections 392...


Court: Allahabad High Court
Date: Sep 27, 2023 Cited By: 0 Coram: 1
11

... Advocate who has filed vakalatnama on behalf of the complainant and perused the record. This anticipatory bail application has been filed directly before this Court without approaching learned Sessions Court. There is no exceptional circumstance argued on behalf of the applicant so as to entertain this anticipatory bail application directly before this Court. In view of the full Bench judgment of this High Court... Neutral Citation No. - 2024:AHC-LKO:67703 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2166 of 2024 Applicant :- Shivam.... The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 277/2023, under Sections 419/420/406/467/468/471/386/388/120B...


Court: Allahabad High Court
Date: Sep 30, 2024 Cited By: 0 Coram: 1
12

... 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...


Court: Uttarakhand High Court
Date: Oct 4, 2024 Cited By: 0 Coram: 1
13

...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...


Court: Karnataka High Court
Date: May 8, 2020 Cited By: 0 Coram: 1
14

...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: Uttarakhand High Court
Date: Dec 7, 2023 Cited By: 0 Coram: 1
15

...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. 4. In the...the applicant, directly before this Court seeking Anticipatory Bail in Case Crime No. 192 of 2024, under Sections 191(2), 109, 115(2), 352, 351(2), 351(3) BNS, P.S. Sadar Bazar, District Mathura...light of above mentioned legal position, first of all this Court has to determine whether the applicant, who approached this Court directly seeking anticipatory bail...


Court: Allahabad High Court
Date: Oct 25, 2024 Cited By: 0 Coram: 1
16

.../2024 (Anopi Devi & Ors. v. State of Rajasthan & Anr.) , the petitioners may be permitted to withdraw the present anticipatory bail application with liberty to file a fresh anticipatory bail application directly before the High Court, if occasion so arises. In view... HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13172... This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with FIR No.116/2024, registered at P.S. Paroli, District Shahapura for the...


Court: Rajasthan High Court
Date: Apr 2, 2025 Cited By: 0 Coram: 1
17

...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...


Court: Allahabad High Court
Date: Mar 2, 2020 Cited By: 150 Coram: 5
18

.... 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 held that there must be compelling or special circumstances entitling a party to directly approach the High Court for grant of anticipatory bail. In...approach this Court directly by bypassing the Court of Session. Hence, without expressing any opinion on the merits, the instant application for anticipatory bail is... Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16218 of 2021 Applicant...


Court: Allahabad High Court
Date: Aug 23, 2022 Cited By: 0 Coram: 1
19

...applicants have approached this Court directly without exhausting their remedy before the court of sessions. 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 held that there must be compelling or special circumstances entitling a party to directly approach the High Court for grant of anticipatory bail. In... Court No. - 81 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 403 of 2022 Applicant :- Dharmendra And 4 Others Opposite Party...present. This anticipatory bail application has been moved seeking anticipatory bail in Case Crime No. 0679 of 2021, under Sections 147, 149, 452,323, 352, 326, 354 and 354...


Court: Allahabad High Court
Date: Feb 3, 2022 Cited By: 0 Coram: 1
20

...application has been directly filed before this Court and no specific reason has been mentioned in this application. 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 or Session Court and held that there must be compelling or special circumstances entitling a party to directly approach...Court for grant of anticipatory bail. 6. In the light of the above mentioned legal position, I find that in the instant anticipatory bail application, applicants have not mentioned any compelling or special circumstance to approach 1 this Court directly without...this Court being invoked directly without having any rejection order from the Court of Sessions. Prayer made in the application is refused. 8. The Anticipatory Bail Application is...


Court: Allahabad High Court
Date: May 26, 2023 Cited By: 0 Coram: 1

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