Gujarat High Court hearing an application for anticipatory bail, the judge found the FIR was not lodged with mala fide intent. However, the court held it was not a fit case to grant anticipatory bail under Section 438 Cr.P.C. given the prima facie facts.
Application for anticipatory bail under Section 438 Cr.P.C. is rejected.
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Court No. - 85 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12884 of 2022
Applicant :- Premchand Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Misra,Prakash Sharma Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
09. It is made clear that observations made in rejecting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion at any stage of the case based on material before him.
Order Date :- 2.2.2023/Asha
Digitally signed by :- ASHA High Court of Judicature at Allahabad
3 issues framed by the court
Whether anticipatory bail should be granted to the applicant in Rape and Robbery case.
Whether the allegations against the applicant make him fit for anticipatory bail.
How Section 438 CrPC should be applied in this case.
1 provisions across 1 enactments
Premchand Kushwaha
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
