Anticipatory bail application under Section 438 Cr.P.C. rejected for lack of foundation in apprehension of arrest given the old date of FIR in 2018.
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Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 156 of 2020
Applicant :- Aman Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri I.P. Srivastava, 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 applicant in Case Crime No. 667 of 2018, under Sections 379, 411 I.P.C., police station Baradari, District Bareilly.
Presently and in the absence of any foundation having been laid in respect of apprehension of arrest coupled with the fact that the first information report itself was lodged in June 2018, the Court finds no ground to entertain this application which shall stand rejected .
Order Date :- 7.1.2020 faraz
3 issues framed by the court
Whether anticipatory bail should be granted in the circumstances of the case.
Whether there is any foundation for the apprehension of arrest.
Whether the delay in lodging the FIR vitiates the case against the applicant.
1 provisions across 1 enactments
Aman Kumar
Yashwant Varma
As recorded by the court registry
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