The Court rejected an application for anticipatory bail under Section 147 and related provisions of the IPC. It held that since a proclamation under Section 82 Cr.P.C. was already initiated, the application could not be entertained, relying on Lavesh v. State.
The application for anticipatory bail is rejected.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54201 of 2019
Applicant :- Arjun And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajeev Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants, Sri Jitendra Singh learned Brief Holder 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 Case Crime No. 310 of 2019, under Sections 147, 148, 149, 323, 392, 307, 504, 506 IPC, police station Sasni Kotwali, District Hathras.
Sri Singh appearing for the State on instructions points out that proclamation under Section 82 Cr.P.C. has already been initiated against the applicants. In view thereof and bearing in mind the decision of 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 :- 13.12.2019 faraz
1 issue framed by the court
Whether an application for anticipatory bail can be entertained when a proclamation has already been issued under Section 82 Cr.P.C.
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
8 provisions across 2 enactments
Arjun
Yashwant Varma
As recorded by the court registry
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