Amit Sharma filed an anticipatory bail application. The court noted a notice under Section 41-A Cr.P.C. had been issued against him for IPC offences, eliminating apprehension of arrest. Citing Arnesh Kumar, the court disposed of the application as no further order was needed.
Application disposed of; no further proceedings necessary.
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Neutral Citation No. - 2023:AHC:147569
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7677 of 2023
Applicant :- Amit Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shamasul Eslam,Ashwani Kumar Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
2.Learned AGA submitted that a notice under Section 41-A Cr.P.C. has been given to the accused applicant in this matter by the police as the offences levelled against the applicant are of Sections 420, 406, 504, 506 I.P.C. which are punishable with the imprisonment upto seven years and as such the applicant has no reason to believe that he has been arrested by the police.
Order Date :- 25.7.2023 Fhd
Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail should be granted when the accused has no apprehension of arrest due to Section 41-A Cr.P.C. applicability.
Colour shows how this judgement treated each authority
Arnesh Kumar vs. State of Bihar and anotherReferred¶7
(2014) 8 SCC 273 · Who else cites this
3 provisions across 2 enactments
Amit Sharma
State of U.P.
Another
Nalin Kumar Srivastava
As recorded by the court registry
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