Hon'ble Justice Yashwant Varma rejected an application for anticipatory bail as the applicants failed to disclose previous criminal history or show cause for non-disclosure, rendering the application unmaintainable under established principles.
Application rejected; no bail granted.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46836 of 2019
Applicant :- Rafeeq And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Chandra Tyagi, Counsel for Opposite Party :- G.A.,Sanjay Ojha
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants, Sri Vikas Sahai,the learned A.G.A. for the State and perused the record.
The instant bail application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicants in Case Crime No. 435 of 2019, under Sections 420, 504, 506 I.P.C., Police Station Gajraula, District- Amroha/J.P. Nagar.
Although, previous criminal history of the applicants has been explained by way of a Supplementary Affidavit filed today, no cause has been shown for non-disclosure in respect thereof. The Court notes that there is also no disclosure with respect to either special circumstances or the apprehension of arrest faced by the applicants.
Bearing in mind the principles enunciated in Vinod Kumar Vs. State of U.P. and Another passed in Criminal Misc. Bail Application No. 53729 of 2019 , the Court finds itself consequently unable to entertain this application.
The Application is consequently rejected .
Order Date :- 10.12.2019 Arun K. Singh
(Yashwant Varma, J.)
2 issues framed by the court
Whether anticipatory bail should be granted to applicants apprehending arrest under Sections 420, 504, 506 I.P.C.
Whether failure of applicants to disclose previous criminal history or cause for non-disclosure precludes grant of bail
Colour shows how this judgement treated each authority
Vinod Kumar Vs. State of U.P. and AnotherExplained¶8
Vinod Kumar Vs. State of U.P. and Another in Criminal Misc. Bail Application No. 53729 of 2019
Rafeeq And Another
Yashwant Varma
As recorded by the court registry
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