Sandeep Jain v. State of U.P. and Another
Case brief
What is this about?
Disposing an anticipatory bail application under S. 438 Cr.P.C., the court rejected the plea citing the gravity of rape allegations supported by Section 161 Cr.P.C. statement.
What did the court decide?
Anticipatory bail application rejected; applicant directed to seek regular bail before the trial 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. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8559 of 2021
Applicant :- Sandeep Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohit Kumar Counsel for Opposite Party :- G.A.,Sunil Kumar Srivastava
Hon'ble Saumitra Dayal Singh,J.
- Heard Shri Mohit Kumar, learned counsel for the applicant; Shri Sunil Kumar Srivastava, learned counsel for the informant and; learned A.G.A. for the State through video conference.
- Present anticipatory bail application has been filed on behalf of the applicant - Sandeep Jain , seeking anticipatory bail in Case Crime No. 47 of 2021, under Sections - 376 and 506 I.P.C., Police Station - Sadar Bazar, District - Saharanpur , during pendency of trial.
- Insofar as allegation of rape, that too directly against the applicant, which according to learned AGA, is supported by the statement recorded under Section 161 Cr.P.C., no ground is made out to exercise discretion to grant anticipatory bail to the applicant.
- Accordingly, the present application is rejected , leaving it open to the applicant to apply for regular bail before the learned court below, which application, when filed, may be heard on it's own merit, as expeditiously as possible, without being influenced by any observation made in this order.
Issues for consideration
1 issue framed by the court
Whether anticipatory bail is maintainable in a rape case supported by Section 161 Cr.P.C. statement.
Parties & counsel
- applicant
Sandeep Jain
- respondent
State of U.P.
- respondent
Another
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- ABAIL/8559/2021
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