Anticipatory Bail - It is Not Mandatory for the Accused to Approach the Sessions Court Before Approaching the High Court

High Court Can Be Approached Directly Without First Petitioning Sessions Court

In a significant ruling, the Supreme Court of India has clarified the concurrent jurisdiction of the High Court and Sessions Court in granting anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The judgment, delivered on August 7, 2025, in the case of Manjeet Singh v. State of Uttar Pradesh, underscores that it is not mandatory for an accused to approach the Sessions Court before seeking relief from the High Court.

The bench, comprising Justices Sanjay Kumar and N.V. Anjaria, was hearing Criminal Appeal No. 3425 of 2025, where the appellant, Manjeet Singh, challenged the High Court's orders on anticipatory bail. The Supreme Court noted that the High Court failed to consider its concurrent jurisdiction with the Sessions Court, which was highlighted in prior decisions, such as Kanumuri Raghurama Krishnam Raju v. State of A.P. and Arvind Kejriwal v. Directorate of Enforcement.

The Apex Court emphasized that while both courts hold concurrent powers, the High Court must evaluate whether special circumstances justify its direct intervention. This approach ensures that the judicial system remains flexible and responsive to the nuances of each case, without imposing an unnecessary procedural burden on the accused.

A larger Bench of the High Court, consisting of five judges, had previously deliberated on the conditions under which an accused could seek anticipatory bail directly from the High Court. The Bench concluded that it is within the discretion of the presiding judge to determine if the circumstances warrant such a direct approach.

The Supreme Court's ruling effectively sets aside the High Court's previous orders and remands the cases for fresh consideration, directing that the High Court should assess the bail applications based on their merits and specific facts. The Apex Court has urged the High Court to expedite this process, recognizing the importance of timely justice in criminal matters.

The decision brings clarity to the legal community and litigants, reaffirming the High Court's role in safeguarding personal liberty while balancing procedural requirements. Legal experts view this as a progressive step towards streamlining judicial processes and ensuring access to justice.

The implications of this judgment extend beyond the immediate parties, potentially influencing how anticipatory bail applications are handled across jurisdictions, aligning with the principles of justice and efficiency enshrined in the Bharatiya Nagarik Suraksha Sanhita, 2023.

Manjeet Singh v. State of Uttar Pradesh, (SC) : Law Finder Doc id # 2761506