The High Court rejected an anticipatory bail application by the applicant, holding that the court could not entertain the plea because nonbailable warrants had already been issued against him in the underlying criminal case.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56266 of 2019
Applicant :- Umesh Kumar Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Uppadhaya,Gauri Shanker Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, 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. 769 of 2019, under Section 406 I.P.C., Police Station Kotwali, District- Mainpuri.
Sri Vikas Sahai, the learned A.G.A. apprises the Court that nonbailable warrants have been issued against the applicant. In that view of the matter and bearing in mind the principles enunciated in Lavesh Vs. State (NCT of Delhi) , (2012) 8 SCC 730, the Court finds itself consequently unable to entertain this application.
The Application is consequently rejected .
Order Date :- 17.12.2019 Arun K. Singh
(Yashwant Varma, J.)
1 issue framed by the court
Whether an anticipatory bail application can be entertained when nonbailable warrants have already been issued against the applicant.
Colour shows how this judgement treated each authority
Lavesh Vs. State (NCT of Delhi)Relied on¶8
Lavesh Vs. State (NCT of Delhi), (2012) 8 SCC 730 · Who else cites this
Umesh Kumar Upadhyay
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
