The court rejected an application for anticipatory bail filed by Ashish and another in a case involving atrocities and IPC offences. The allegations did not fall within Supreme Court exceptions for granting bail in such cases.
Anticipatory bail application rejected; arrest is permitted.
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Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 363 of 2020
Applicant :- Ashish And Another Opposite Party :- State of U.P. Counsel for Applicant :- Hemendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants, Sri Om Prakash, 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. 0452 of 2019, under Sections 3(2)(va) the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 323, 504, 307 IPC, police station Naugawan Sadat, District Jyotiba Phule Nagar.
The allegations made in the first information report do not fall within the exceptions as carved out by the Supreme Court in Manju Devi v. Onkarjit Singh Ahluwalia [(2017) 13 SCC 439] .
in that view of the matter while this application for grant of anticipatory bail is rejected , all other rights and contentions of the applicants are kept open.
Order Date :- 9.1.2020 faraz
1 issue framed by the court
Whether anticipatory bail should be granted under the circumstances of the alleged offences.
Colour shows how this judgement treated each authority
Manju Devi v. Onkarjit Singh AhluwaliaReferred¶7
[(2017) 13 SCC 439] · Who else cites this
5 provisions across 3 enactments
Ashish And Another
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
