The Court rejected an application for anticipatory bail in a case under Sections 498A, IPC 406, and Dowry Prohibition Act, finding the applicants unable to cooperate due to outstanding warrants, citing Lavesh.
Application for anticipatory bail rejected.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54062 of 2019
Applicant :- Saek @ Banarasi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants, Sri R.S. Maurya, the learned A.G.A. for the State and perused the record.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicants in Complaint Case No. 4116 of 2016 under Sections 498A, 406 IPC and Section 3/4 Dowry Prohibition Act, police station Kotwali, district Ballia.
As per the own admission of the applicants, Non Bailable Warrants have been issued against them. In view of the aforesaid which is evident of the applicants not cooperating in the investigation as well as the principles enunciated by the Supreme Court in Lavesh v. State (NCT of Delhi)[(2012) 8 SCC 730] , the Court finds itself unable to entertain this application, which shall stand rejected .
Order Date :- 16.12.2019 faraz
1 issue framed by the court
Whether this Court can entertain an application for anticipatory bail when the applicants have admitted non-cooperation evidenced by outstanding Non Bailable Warrants.
Colour shows how this judgement treated each authority
Lavesh v. State (NCT of Delhi)Referred¶7
Lavesh v. State (NCT of Delhi)[(2012) 8 SCC 730] · Who else cites this
Saek @ Banarasi And 2 Others
Yashwant Varma
As recorded by the court registry
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