The court disposed of an anticipatory bail application filed by Ashok Yadav and others. It held no good ground for bail was made out and directed applicants to seek regular bail instead. The court specifically stated it took no view on the merits.
Instant anticipatory bail application disposed; applicants to seek regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13721 of 2021
Applicant :- Ashok Yadav And Others Opposite Party :- State Of U.P Counsel for Applicant :- Mohan Yadav
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No. 0126 of 2021, under Sections - 147, 148, 323, 341, 506 and 397 I.P.C., Police Station - Karimuddinpur, District - Ghazipur, during the pendency of trial.
Obviously, no good ground for granting anticipatory bail is made out, for the reason that claim of the applicants is basically on merits. However, considering the entirety of the case at this stage, it is trite law that in cases where punishment up to 7 years is prescribed, then protection of Section - 41 (1) Cr.P.C. is available to the applicants. The court or the police, as the case may be, shall act in consonance with the spirit of the same.
If the applicants have any grievance, they may seek regular bail before the appropriate forum.
With the aforesaid observation, the instant anticipatory bail application is disposed of.
It is made clear that nothing has been observed by this Court on merits.
Order Date :- 29.7.2021 S Rawat
Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.30 16:49:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted in the case pending trial under Sections 147, 148, 323, 341, 506 and 397 IPC.
Whether the claim of applicants clearly establishes no good ground for granting anticipatory bail.
Ashok Yadav and Others
State of U.P
Arvind Kumar Mishra-I, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
