Ramlaut Vishwakarma and 5 Ors. Vs State of U.P.

Court No. - 75

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1612 of 2020

Applicant :- Ramlaut Vishwakarma And 5 Ors Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ram Krishna Gautam,J.

¶5

It is an application moved by applicant- Ramlaut Vishwakarma, Vijay Vishwakarma, Indrawati Devi, Lal Bahadur Vishwakarma, Sheshnath Vishwakarma and Sunita @ Sudha, under Section 438 Cr.P.C., for grant of anticipatory bail, filed straightway before this Court.

¶6

Learned A.G.A. has vehemently opposed this straightway filed anticipatory bail application with this contention that in view of judgment, passed by the Full Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 1094 of 2020 (Ankit Bharti Vs. State of U.P. and another) , some special reason is to be placed before the Court for straightway entertaining application under Section 438 Cr.P.C. and he further submitted that offences, maximum punishable upto seven years, are to be dealt with as per Section 41 Cr.P.C., as well as law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC), Lal Kamlendra Pratap Singh Vs. State of U.P.

¶7

Having heard and gone through material placed on record as well as considering the judgement of Full Bench of this Court, cited as above, this straightway moved application is not maintainable.

¶8

Accordingly this application is being disposed of with this direction that in case, applicants approach the trial court with bail application, same shall be considered and decided in accordance with law cited as above as well as in strict adherence of provision of Section 41 Cr.P.C.

¶9

Order Date :- 15.12.2021 Kamarjahan

Ramlaut Vishwakarma and 5 Ors. v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ramlaut Vishwakarma and 5 Ors. v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Akash Niranjan and 2 Others Vs State of U.P. and Another

Shahabuddin @ nawab Vs State Of U. P.

Madhav Mandal Vs State of U.P.

Ajay Azad Vs State of U.P. and Another

Hamid @ Saikal Vs State of U.P. and Another

Ravindra Nath and 5 Others Vs State of U.P. and Another