In this anticipatory bail application under Section 438 Cr.P.C., the High Court summarily refused the prayer for anticipatory bail in a case involving serious sexual and criminal allegations, deeming no case made out for exercising its discretionary powers. The court directed an expedited hearing of a bail application if filed subsequently.
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.
Neutral Citation No. - 2023:AHC:138581
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6852 of 2023
Applicant :- Ashok @ Ashok Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Nath Singh, Vipin Gangwar Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
against the applicant. She has fully supported the prosecution story. The allegations are serious and keeping in view 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.
Order Date :- 13.7.2023 Ajeet
Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail can be granted to an applicant falsely implicated in a serious sexual offence case without a charge sheet.
Whether the apprehension of arrest is founded on material facts rather than imaginary fear.
1 provisions across 1 enactments
Ashok @ Ashok Kumar
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
