The High Court dismissed an anticipatory bail application filed under Section 438 Cr.P.C. The applicant failed to cite any special circumstances as required by the Full Bench decision in Ankit Bharti, leading the Court to find no ground to entertain the petition.
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Court No. - 81
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5096 of 2020
Applicant :- Mukund Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kumar Shukla,Dhurva Kant Chaturvedi Counsel for Opposite Party :- G.A.,Pandey Balkrishna
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. 386 of 2020, under Sections 147, 323, 325, 504, 506 IPC, Police Station Handia, District Prayagraj.
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 applicant from approaching the appropriate District Court for relief.
Order Date :- 1.10.2020 Vivek Kr.
2 issues framed by the court
Whether an anticipatory bail application can be entertained in the absence of special circumstances mandated by the Full Bench decision.
Whether the applicant has shown any special circumstances to justify granting anticipatory bail.
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
Mukund
State of U.P.
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
