This is an anticipatory bail application filed by Triloki Yadav and 9 Others challenging potential arrest for offenses under various IPC sections. The applicants failed to follow a prior court direction to surrender and apply for bail. Consequently, the Court held the application not maintainable and was rejected.
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. - 8539 of 2021
Applicant :- Triloki Yadav And 9 Others Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.,Shashi Bhushan Rai
Hon'ble Rahul Chaturvedi,J.
Heard Shri Subhash Chandra Yadav, learned counsel for the applicants; Shri Shashi Bhushan Rai, learned counsel for opposite No.2 and perused the record.
By means of the present anticipatory bail application the applicants who are apprehending their arrest are seeking anticipatory bail in connection with Case Crime No.226-A of 2015, u/s 147, 323, 325, 336, 504, 506, 308 I.P.C., Police Station-Gambhirpur, District-Azamgarh.
After submission of the charge sheet in the matter, the applicant has approached this Court by means of Application 482 No.7289 of 2020 (Triloki Yadav and 14 others vs State of U.P.) challenging the charge sheet as well as summoning order. Aforesaid 482 application was finally disposed off by the Court with certain direction that the applicants would surrender and apply for bail. Instead of adhering to the direction of the Court, the applicants have again approached this Court by means of the present anticipatory bail application. This anticipatory bail application is not maintainable in the light of judgement of this Court delivered in the case of Shivam vs State of U.P., 2021 SCC OnLine All 264.
Under circumstances, the present anticipatory bail stands REJECTED.
Order Date :- 28.7.2021 M. Kumar
2 issues framed by the court
Whether an anticipatory bail application filed by applicants who failed to adhere to a prior court direction surrendering and applying for bail is maintainable?
Whether the anticipatory bail application is barred in light of the Judgment in Shivam vs State of U.P., 2021?
Colour shows how this judgement treated each authority
Shivam vs State of U.P.Referred¶7
Shivam vs State of U.P., 2021 SCC OnLine All 264 · Who else cites this
1 provisions across 1 enactments
Triloki Yadav and 9 Others
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
