Court dismissed an anticipatory bail application under Section 438 Cr.P.C. for apprehended arrest under the Prevention of Cow Slaughter Act as no special circumstances were cited, as mandated by the Full Bench in Ankit Bharti.
Application dismissed.
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Court No. - 81
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4659 of 2020
Applicant :- Izaz Ali And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants, 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. 0123 of 2020, under Sections 3/5/8 Prevention of Cow Slaughter Act, Police Station Doghat, District Baghpat.
In the absence of any special circumstances having been alluded to as mandated in light of the decision of the Full Bench of the Court in Ankit Bharti [Criminal Misc. Anticipatory Bail Application No. 1094/2020 decided on 2.3.2020], the Court finds no ground to entertain this petition which shall stand dismissed .
This order however shall not preclude the applicants from approaching the appropriate District Court for relief.
Order Date :- 8.10.2020 LA/-
1 issue framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. in light of the Full Bench decision in Ankit Bharti without citing special circumstances.
Colour shows how this judgement treated each authority
Ankit BhartiReferred¶7
Ankit Bharti [Criminal Misc. Anticipatory Bail Application No. 1094/2020]
2 provisions across 2 enactments
Izaz Ali
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
