Sonu v. State of U.P.
Case brief
What is this about?
This court rejected an anticipatory bail application filed under Section 438 Cr.P.C. The court held that no specific ground existed for immediate consideration, citing a Full Bench judgment, and directed the applicant to approach the Session Court.
What did the court decide?
Application rejected; liberty granted to move Session Court.
What the court decided
A compact analysis
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. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17969 of 2021
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Brij Raj Singh,Ram Janam Singh Counsel for Opposite Party :- G.A.,Ghan Shyam Yadav
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State as well as learned counsel for the informant.
This application under Section 438 Cr.P.C. has been moved by accused applicant, Sonu, in Case Crime No. 595 of 2021, under Section- 304, 323, 504 I.P.C., P.S. Khalilabad, District- Sant Kabir Nagar.
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 counsel for the informant as well as learned A.G.A. has vehemently opposed with this contention that there is no specific or special reason permitting to straightway filing this application before this Court.
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) .
Issues for consideration
2 issues framed by the court
Whether anticipatory bail application under Section 438 Cr.P.C. can be entertained without specific grounds by this Court.
Whether the application can be rejected in light of the Full Bench judgment cited.
Parties & counsel
- applicant
Sonu
- respondent
State of U.P.
Coram
Ram Krishna Gautam
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- ABAIL/17969/2021
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