Criminal miscellaneous anticipatory bail application under Section 438 Cr.P.C. dismissed. Court found no grounds to grant bail due to clear identification of applicant's role in FIR and seriousness of assault allegations, leading to refusal of the prayer.
Anticipatory bail prayer refused; application rejected.
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Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 61 of 2020
Applicant :- Shaukin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai, 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. 361 of 2019, under Sections 147, 148, 149, 323, 336, 352, 307, 504 and 506 I.P.C. and Section 7 of the Criminal Law Amendment Act, police station Prem Nagar, District Bareilly.
The Court finds no ground to accord the facility of anticipatory bail to the applicant whose role has clearly been identified and enumerated in the first information report. Bearing in mind the seriousness of the allegations levelled and the nature of assault which ensued, the prayer for anticipatory bail is refused.
The application consequently stands rejected .
Order Date :- 18.1.2020 faraz
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted in view of apprehension of arrest.
Whether the gravity of allegations and nature of assault preclude the grant of bail.
2 provisions across 2 enactments
Shaukin
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
