This court refused anticipatory bail in an application under Section 438 Cr.P.C. citing that offences involved are punishable up to seven years and no reasonable apprehension of arrest exists, adhering to Arnesh Kumar guidelines.
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Neutral Citation No. - 2023:AHC:116642
Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4998 of 2023
Applicant :- Mohammad Israr Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
of police to arrest without warrant and it has been clarified that a balance between individual liberty and societal order should be made while exercising power of arrest. It has also been directed that where the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine, the police officer shall not arrest the accused unnecessarily and Magistrate shall not authorize detention casually and mechanically. Even in Section 438 CrPC it has been promulgated that accused must have reason to believe that he may be arrested in cognizanble offence by the police to get protection of anticipatory bail. In the light of aforesaid provisions, the applicant has no reason to believe that he may be arrested. Hence, having regard to the entire facts and circumstances of the case, no indulgence is warranted in the matter. Prayer made in the application is refused.
Order Date :- 25.5.2023
safi
Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail can be granted to the applicant who has no reason to believe he may be arrested for offences punishable with imprisonment up to seven years.
Colour shows how this judgement treated each authority
Arnesh Kumar vs. State of Bihar and anotherDistinguished¶11
Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273 · Who else cites this
7 provisions across 3 enactments
Mohammad Israr
State of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
