Uma Shankar and 4 Others v. State of U.P.
Case brief
What is this about?
The single judge dismissed a bail application under Section 438 CrPC for the applicant, ruling that it stood rejected due to a failure to explain special circumstances despite an opportunity to do so.
What did the court decide?
The anticipatory bail application is dismissed/rejected.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53804 of 2019
Applicant :- Uma Shankar And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Kumar,Shashi Dhar Pandey Counsel for Opposite Party :- G.A.
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 present application for grant of anticipatory bail has been filed by the applicants in case crime No.418 of 2019, under Sections 147, 307, 323, 504, 506 I.P.C., Police Jalesar, DistrictEtah.
Learned counsel for the applicant has failed to explain the special circumstances although an opportunity was extended to file a further affidavit explaining the above in light of the principles enunciated in Vinod Kumar Vs. State of U.P. and Another (Criminal Misc. Bail Application No.53729 of 2019) . He insisted for disposal of the matter on merits. In the absence of any disclosure having been made with respect to special circumstances, the Court finds itself unable to entertain this application which shall stand consequently rejected . This order however shall not preclude the applicants from approaching the concerned Sessions Judge for appropriate relief.
Order Date :- 17.12.2019 Vivek Kr.
Issues for consideration
1 issue framed by the court
Whether anticipatory bail should be granted in light of the special circumstances under Section 438 CrPC.
Parties & counsel
- applicant
Uma Shankar And 4 Others
Coram
Yashwant Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/53804/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court