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VIVEK BHARTI SHARMA
Usan – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
VIVEK BHARTI SHARMA, J.
1. By way of present application, the applicants are seeking anticipatory bail in FIR No. 0555/2024 under Sections 115(2), 190, 191(2), 324(2), 333, 351(3) of Bhartiya Nyaya Sanhita, 2023, registered at P.S. Gangnahar, District Haridwar.
2. Heard learned counsel for the parties and perused the record.
3. Learned State Counsel would submit that applicants/accused have an equally efficacious remedy available to file the anticipatory bail application before the Sessions Court but instead of approaching the Sessions Court, the applicants/accused have directly come before this High Court without exhausting equally efficacious remedy available before Sessions Court.
4. Learned counsel for the State would further submit that the issue regarding entertainability of anticipatory bail application before the High Court u/s 438 of Cr.P.C. is pending consideration before the Hon’ble Supreme Court in Criminal Appeal No. 1562/2017 Gauhati High Court Bar Association v. State of Assam & Ors. wherein the issue raised before the Hon’ble Supreme Court is that “Whether the High Court exercising jurisdiction under Section 438 of the Code of Criminal Procedure, 1973 has disc
The High Court has concurrent jurisdiction with the Sessions Court to grant anticipatory bail, but should only entertain direct applications in exceptional circumstances.
The High Court has concurrent jurisdiction with the Sessions Court to grant anticipatory bail but should generally require applicants to first seek relief from the Sessions Court unless exceptional c....
The High Court retains discretion to entertain anticipatory bail applications directly, but encourages applicants to first approach the Sessions Court unless exceptional circumstances exist.
Application for grant of anticipatory bail directly in High Court without first approaching Sessions Court is certainly maintainable – However, if anticipatory bail applications are entertained in ea....
The main legal point established in the judgment is that the jurisdiction for entertaining prayer for anticipatory bail is concurrent in nature between the High Court and the Court of Sessions. Addit....
Anticipatory bail applications under S.438 must typically be filed in the Sessions Court first, unless exceptional circumstances are demonstrated.
Anticipatory bail – High Court exercises concurrent jurisdiction along with Sessions Court insofar as grant of anticipatory bail, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, is con....
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