The Court rejected an anticipatory bail application filed by the applicant, noting the absence of special circumstances. The order cited Vinod Kumar and left the applicant to invoke jurisdiction under Section 438 Cr.P.C. in the Sessions Court.
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Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 24 of 2020
Applicant :- Nahida Kausar Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Narain Singh Counsel for Opposite Party :- G.A.,Kripa Shanker Yadav
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants, Sri Om Prakash 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. 0051 of 2019, under Sections 376D, 328, 120B, 506 IPC and Section 3(2)(v) Scheduled Caste and Scheduled Tribes Prevention of Atrocities Act, police station Raja Ka Rampur, district Etah.
In the absence of any foundation laid in respect of special circumstances 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 :- 10.1.2020 faraz
2 issues framed by the court
Whether anticipatory bail should be granted in view of the apprehension of arrest under specified sections.
Whether any special circumstances were laid down in support of the application.
Colour shows how this judgement treated each authority
Vinod Kumar Vs. State of U.P. And Another [2019 (12) ADJ 495]Applied¶7
1 provisions across 1 enactments
Nahida Kausar
Yashwant Varma
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
