Courtheld that anticipatory bail under S. 438 Cr.P.C. cannot be granted where the underlying crime was registered in 2018 and the application fails to demonstrate any specific apprehension of arrest.
The bail application stands rejected; the facility of anticipatory bail is refused.
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Court No. - 81
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4307 of 2020
Applicant :- Pravesh Kumari Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Giri 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.750 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Koshikalan, District Mathura.
The Court finds no ground to accord the facility of anticipatory bail in respect of a crime which was registered in the year 2018. 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.
Order Date :- 1.10.2020 Vivek Kr.
2 issues framed by the court
Whether anticipatory bail should be granted under S. 438 Cr.P.C. given the registration of the crime in 2018.
Whether any foundation for apprehension of arrest has been laid by the applicant.
1 provisions across 1 enactments
Pravesh Kumari
Yashwant Varma
As recorded by the court registry
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