In a criminal miscellaneous petition for anticipatory bail, the court rejected the application due to lack of demonstrated apprehension of arrest for a 2017 case and absence of grounds for grant.
The prayer for anticipatory bail is refused and the application is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 81
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2317 of 2020
Applicant :- Harish Kotnala Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deep Chandra Joshi,Ram Kishore Pandey Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, 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.972 of 2017, under Section 147, 427, 323, 504, 506, 332, 352, 336 I.P.C., Police Station Sector 49, Noida, District Gautam Budh Nagar.
The Court finds no ground to accord the facility of anticipatory bail in respect of a crime which was registered in the year 2017. This more so since the petition itself lays no foundation in respect of apprehension of arrest.
The prayer so made is refused. The application stands rejected.
This order however shall not preclude the applicant from taking such further proceedings as may be otherwise available in law.
Order Date :- 5.10.2020 Vivek Kr.
3 issues framed by the court
Whether anticipatory bail should be granted given lack of apprehension of arrest for an old case.
Whether the court should permit anticipatory bail when no foundation for apprehension exists.
Whether rejection of anticipatory bail precludes further legal proceedings.
6 provisions across 2 enactments
Harish Kotnala
State of U.P.
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
