Disposed

Ashish Kumar Jain and Another v. State of U.P. and Another

Allahabad HC23 May 2023ABAIL/4072/2023

Case brief

AI extract

What is this about?

The High Court disposed of an anticipatory bail application filed directly before it due to a prolonged advocate strike at the Sessions Court. The court held no arrest order was pending for the original charges and noted that relief is not available for newly added sections without a separate application.

What did the court decide?

Anticipatory bail is not granted, but the application is disposed of noting no arrest scrutiny is required for initial charges while denying relief for added sections.

Ashish Kumar Jain and Another Vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:113033

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Court No. - 84

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4072 of 2023

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Applicant :- Ashish Kumar Jain And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Sawhney,Raju Kumar Counsel for Opposite Party :- G.A.,Mushir Khan

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Hon'ble Nalin Kumar Srivastava,J.

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Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants - Ashish Kumar Jain and Abhishek Jain in Case Crime No. 476 of 2020, under Sections 420, 406, 504, 506 I.P.C., Police Station - Bithoor, District - Kanpur Nagar.

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Heard learned counsel for the applicants, learned counsel for the informant as well as the learned AGA and perused the material available on record.

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This anticipatory bail application in the aforesaid case crime number under Sections 420, 406, 504 and 506 IPC has been filed directly before this Court without any rejection order from the Sessions Court, Kanpur Nagar.

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It is submitted by the learned counsel for the applicants that due to prolonged strike of Advocates at Sessions Court, Kanpur Nagar, the applicants could not file the anticipatory bail application before the Sessions Court, Kanpur Nagar and they were compelled to move the present application directly to this Court.

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It appears that present anticipatory bail application has been filed on 15.4.2023. Since there was a prolonged strike of Advocates in Sessions Court, Kanpur Nagar and applicants were unable to move anticipatory bail application in the Court concerned, it is a special circumstance where they may be permitted to move the present application directly before this Court.

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Since the offences alleged in the F.I.R. are punishable with the imprisonment for a maximum period of seven years, vide order dated 5.5.2023 a specific report was called for from the

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Investigating Officer of the case as to whether police was making any attempt to arrest the applicants or not. In compliance of the said order, case diary has been produced by the learned AGA and he, on the basis of instructions and the case diary, states that since the offences alleged in the F.I.R. are punishable with the imprisonment for maximum period of seven years, a notice under Section 41-A CrPC has already been issued and served upon the applicants, which means that police is not making any attempt to arrest the present applicants. However, it is brought to the notice of the Court that during investigation, offences under Sections 467, 468 and 471 IPC have been added into this matter but since no anticipatory bail application has been moved in the added sections, no relief may be granted in this respect to the applicants. However, it is made clear that since for the offences under Sections 420, 406, 504 and 506 IPC the Investigating Officer is not making any attempt to arrest the present applicants, there is no need to pass any protection order in respect of the said sections i.e. 420, 406, 504 and 506 IPC.

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7. The application is disposed of accordingly.

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Order Date :- 23.5.2023

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safi

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Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad

Ashish Kumar Jain and Another v. State of U.P. and Another

Case brief

What is this about?

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Ashish Kumar Jain and Another v. State of U.P. and Another

Case brief

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