Kamla Devi and 4 Others v. State of U.P.
Case brief
What is this about?
The High Court considered an in-chamber anticipatory bail application under Section 438 Cr.P.C. The applicant approached the High Court directly without prior rejection by the Court of Session. While relying on a Full Bench judgment that allowed direct approach in special circumstances, the court examined the reasons and found no grounds to grant bail, rejecting the application on perusal of the F
What did the court decide?
Application for anticipatory bail under Section 438 Cr.P.C. rejected.
What the court decided
In Chamber
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12699 of 2021
Applicant :- Kamla Devi And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- V.P. Singh Kashyap,Manish Kumar Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned A.G.A for the State and perused the material on record.
The instant application is being moved by the applicants invoking the powers of Section 438 Cr.P.C. apprehending their arrest in connection with Case Crime no.0020 of 2021, under Sections 395, 354B, 506, 323 and 427 I.P.C. at Police StationShikandarpur Vaish, District-Kasganj.
From the record, it is evident that the applicants have approached this Court straightway without getting their anticipatory bail rejected from the court below.
Learned counsel for the applicants has drawn attention of the Court to Clause-7 of Section 438 Cr.P.C. (U.P. Act No.4 of 2021), which read thus :
" (7) If an application under this section has been made by any person to the High Court, no application by the same person shall be entertained by the Court of Session. "
Issues for consideration
2 issues framed by the court
Whether the High Court ought to entertain the anticipatory bail application under Section 438 Cr.P.C. vide its special provision by the Legislature
Whether the apprehension of arrest in the case merits grant of anticipatory bail under Section 438 Cr.P.C.
Parties & counsel
- applicant
Kamla Devi and 4 Others
- respondent
State of U.P.
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- ABAIL/12699/2021
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