Tahira Bano v. State of U.P.
Case brief
What is this about?
This order rejects an application for anticipatory bail after the applicant failed to appear to press the matter or file the charge-sheet material. The court held that no apprehension of arrest is material on record and the application is refused.
What did the court decide?
The application for anticipatory bail is rejected. The Court/authority may proceed with the investigation and trial according to law.
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. - 77
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5496 of 2021
Applicant :- Tahira Bano Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Firoz Khan Counsel for Opposite Party :- G.A.,Mamta Singh
Hon'ble Mrs. Manju Rani Chauhan,J.
List revised. None appears on behalf of the applicant to press this application. Mr. Rakesh Soni, learned A.G.A. for the State is present.
The present application has been moved seeking anticipatory bail in Case Crime No.794 of 2020, under Sections 354, 323, 504, 506 I.P.C., Police Station-Kareilly, District-Prayagraj with the prayer that in the event of arrest, applicant may be released on bail.
On 08.04.2021, learned counsel for the applicant was granted time to bring on record the material collected by the Investigating Officer in support of charge sheet.
Till date nothing has been filed nor learned counsel for the applicant has appeared to argue the matter even in revised call. Learned A.G.A. submits that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
Issues for consideration
2 issues framed by the court
Whether the apprehension of arrest is sufficiently founded for granting anticipatory bail under Section 438 Cr.P.C.
Whether the nature and gravity of the offences preclude the grant of anticipatory bail.
Parties & counsel
- applicant
Tahira Bano
- respondent
State of U.P.
Coram
Manju Rani Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- ABAIL/5496/2021
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