Application for anticipatory bail under Section 438 Cr.P.C. was rejected due to lack of special circumstances, following precedent Vinod Kumar, but applicants retained right to approach Sessions Judge.
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Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5 of 2020
Applicant :- Kamlesh And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Hare Krishna Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants, 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 applicants in Case Crime No. 0225 of 2019, under Sections 504, 506, 306 IPC, police station Moth, District Jhansi.
There is no foundation laid in respect of special circumstances. Consequently and bearing in mind the decision of the Court rendered in Vinod Kumar Vs. State of U.P. And Another [2019 (12) ADJ 495] , this application is rejected . This order however shall not preclude the applicants from invoking the jurisdiction of the concerned Sessions Judge under Section 438 Cr.P.C.
Order Date :- 6.1.2020 faraz
2 issues framed by the court
Whether anticipatory bail can be granted in absence of foundation for special circumstances.
Whether rejection of anticipatory bail application precludes seeking further arrest protection from Sessions Judge under Section 438 Cr.P.C.
Colour shows how this judgement treated each authority
Vinod Kumar Vs. State of U.P. And AnotherFollowed¶7
Vinod Kumar Vs. State of U.P. And Another [2019 (12) ADJ 495]
1 provisions across 1 enactments
Kamlesh And 2 Others
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
