T. R. KUNJAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) This is the second application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.5/2016 registered at Police Station Anti Corruption Bureau, District Raipur (CG) for the offence punishable under Section 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 (for short the Act).

(3.) The first bail application was filed directly before this Court, therefore, in view of the decision rendered by the Single Bench of this Court in Ratnesh Singh Chouhan Vs. State of Chhattisgarh (MCRCA No.918 of 2019) decided on 23.7.2019, holding that the bail applications can be filed directly before this Court, the matter was referred to a larger Bench and upon hearing the parties, the Division Bench dismissed the bail application holding that anticipatory bail applications cannot be filed directly before the High Court unless there exists exceptional, rare or unusual reasons in the case. The applicant thereafter moved before the Sessions Court and upon rejection of the prayer by the Special Judge (PC Act), Bilaspur, the present second bail application has been preferred.