The High Court dismissed an anticipatory bail application due to lack of special circumstances required by a Full Bench ruling. The court allowed the applicants to approach the District Court for alternative relief.
Application dismissed; applicants directed to approach District Court for relief.
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Court No. - 81
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4839 of 2020
Applicant :- Arun Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Tiwari Counsel for Opposite Party :- G.A.,Neeraj Kumar,Pandey Balkrishna
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. 0079 of 2020, under Sections 147, 323, 504, 307, 308, 506 IPC, Police Station Oonj, District Bhadohi.
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 Vivek Kr.
1 issue framed by the court
Whether anticipatory bail is maintainable in absence of special circumstances mandated by a Full Bench decision.
Colour shows how this judgement treated each authority
Ankit BhartiReferred¶7
Ankit Bharti [Criminal Misc. Anticipatory Bail Application No. 1094/2020 decided on 2.3.2020]
1 provisions across 1 enactments
Arun Pandey And Another
State of U.P.
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
