The Court considered an application for anticipatory bail in a case involving multipleIPC charges. It noted that a charge sheet had been filed and cognizance taken. Relying on Vinod Kumar, the Court found no grounds for an anticipatory bail application and rejected it.
Application for anticipatory bail rejected.
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Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 275 of 2020
Applicant :- Kushal Pal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Singh Pundir 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 present application for grant of anticipatory bail has been filed by the applicant in case crime No.64 of 2017, under Sections 147, 148, 149, 395, 295-A, 354, 427, 436 I.P.C. and 3(2)(5) SC/ST Act, Police Badgaon, District- Saharanpur.
Admittedly a charge sheet has been filed and cognizance has been taken. Bearing in mind the legal position as noticed in Vinod Kumar Vs. State of U.P. and Another , [2019 (12) ADJ 495] , the Court finds no ground to entertain this application which shall stand consequently rejected .
Order Date :- 8.1.2020 Vivek Kr.
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted in a case involving charges of rioting, arson, grievous hurt, and hate speech.
Whether the filing of a charge sheet and consequent taking of cognizance negates the scope to entertain an anticipatory bail application.
Colour shows how this judgement treated each authority
Vinod Kumar Vs. State of U.P. and AnotherRelied on¶7
Vinod Kumar Vs. State of U.P. and Another, [2019 (12) ADJ 495]
Kushal Pal Singh
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
