Rejected anticipatory bail application moved by Amit under Section 438 Cr.P.C. citing lack of specific grounds and absence of immediate apprehension of arrest, following Full Bench precedent.
Application for anticipatory bail under Section 438 Cr.P.C. rejected.
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Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17949 of 2021
Applicant :- Amit Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- A.T. Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
This application under Section 438 Cr.P.C. has been moved by accused applicants, Amit, in Case Crime No. 223 of 2019, under Sections- 498-A, 323, 504, 506, 406 I.P.C. & 3/4 of D.P. Act, P.S. Mahila Thana, District- Ghaziabad.
Learned counsel for the applicant mentioned that applicant is innocent; he has been falsely implicated in this very case crime number and there was apprehension of arrest of applicant by Police and that is why straightway this application has been moved before this Court.
Learned A.G.A. has vehemently opposed with this contention that it is an application moved straightway before this Court with no cogent reason. Moreso, chargesheet has also been submitted in this very case and now the process for appreance before above Court is there. Hence, there is no apprehension of arrest by Police except the process issued by the Court for appearance.
Having heard learned counsel for both sides and gone through the material placed on record, it is apparent that no such specific ground is there for straightway entertaining this application by this Court, in view of the judgement of 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) and moreso, chargesheet has already been filed and there is process for appearance before above Court as well as there is no immediate apprehension of arrest by Police.
Under above facts and circumstances as well as law laid down by Full Bench, cited as above, this application is rejected .
Order Date :- 4.12.2021/Kamarjahan
2 issues framed by the court
Whether anticipatory bail application should be granted without specific grounds.
Whether apprehension of arrest exists despite appearance process being issued.
Colour shows how this judgement treated each authority
Ankit Bharti Vs. State of U.P. and anotherApplied¶9
Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 1094 of 2020 (Ankit Bharti Vs. State of U.P. and another)
1 provisions across 1 enactments
Amit
State Of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
