Ashif Ansari v. State of U.P. and Another
Case brief
What is this about?
Anticipatory bail application dismissed for lack of apprehension of arrest and insufficient foundational material regarding the crime registered in 2018 under various IPC sections.
What the court decided
A compact analysis
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Court No. - 81
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4927 of 2020
Applicant :- Ashif Ansari Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.C.Tiwari(Ac) 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.429 of 2018, under Sections 504, 506, 471, 467, 468, 420, 419 I.P.C., Police Station Karelly, District Prayagraj.
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.
Although learned counsel for the applicant has sought to draw sustenance from the order passed on Criminal Misc. Anticipatory Bail Application No.5722 of 2020, the Court finds no ground to grant any benefit to the present applicant since that order neither notices nor alludes to the aspect of apprehension of arrest which is a prerequisite for invoking the jurisdiction of the Court under Section 438 Cr.P.C.
Issues for consideration
1 issue framed by the court
Whether anticipatory bail can be granted in the absence of any apprehension of arrest?
Parties & counsel
- applicant
Ashif Ansari
- respondent
State of U.P.
Coram
Yashwant Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- ABAIL/4927/2020
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