Onkar Singh v. State of U.P. and Another
Case brief
What is this about?
Application for anticipatory bail filed directly with the High Court under Section 438 Cr.P.C. was rejected after the State submitted the charge sheet, with no remand to the Sessions Court or requirement for further time to the_AGA.
What did the court decide?
Anticipatory bail application rejected; time for A.A.G. discussion not granted.
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. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5012 of 2021
Applicant :- Onkar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- S Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
By means of the present application the applicant is seeking his anticipatory bail in Case Crime No. 434 of 2015 under Sections 323, 504, 506 I.P.C. and 3 (1) (X) S.C./S.T. (P.A.) Act, Police Station Bhognipur, District Kanpur Dehat.
From the record, it is evident that the applicant has approached this Court straightway without getting his anticipatory bail rejected from the court of sessions.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P. , hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3) Cr.P.C. (U.P. Amendment) is not required.
Issues for consideration
2 issues framed by the court
Whether the anticipatory bail application should be allowed given the absence of prior rejection by the Sessions Court.
Whether the chargesheet submission forecloses the case for anticipatory bail.
Parties & counsel
- applicant
Onkar Singh
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- ABAIL/5012/2021
Similar cases
Judgements on the same questions, provisions and authorities, from every court