The Single Judge dismissed an anticipatory bail application under Section 438 Cr.P.C., finding no special circumstances to entertain the plea, without quashing the underlying FIR despite citing relevant case law.
Application for anticipatory bail rejected; order does not preclude invoking jurisdiction of concerned Sessions Court.
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Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 330 of 2020
Applicant :- Archana Kesarwani And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bholeshwar Counsel for Opposite Party :- G.A.,Virendra Singh
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants, Sri Vikas Sahai, the learned A.G.A. for the State and perused the record.
The instant bail application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicants in Case Crime No. 0411 of 2018, under Sections 419, 420, 467, 468, 471, 504, 506, 323 I.P.C., Police Station Kydganj, District- Allahabad (Prayagraj).
In the absence of any foundation having been 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] , the Court finds no ground to entertain this application.
The application is consequently rejected .
This order however shall not preclude the applicants from invoking the jurisdiction of the concerned Sessions Court under Section 438 Cr.P.C.
Order Date :- 17.1.2020 Arun K. Singh
(Yashwant Varma, J.)
1 issue framed by the court
Whether anticipatory bail should be granted in the absence of special circumstances under Section 438 Cr.P.C.
Colour shows how this judgement treated each authority
Vinod Kumar Vs. State of U.P.Referred¶7
Vinod Kumar Vs. State of U.P. and Another [2019 (12) ADJ 495]
Archana Kesarwani And Another
Yashwant Varma
Arun K. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
