The court rejected the applicant's petition for anticipatory bail under Section 438 Cr.P.C., noting he was absconding and process under Sections 82 and 83 Cr.P.C. had been issued. Relying on Supreme Court precedent, the court held that an absconder is not entitled to anticipatory bail.
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Neutral Citation No. - 2024:AHC:112421
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4202 of 2024
Applicant :- Mohammad Wasif Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Haris Khan,Neeraj Mishra,Rafiqa Anees Khan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Order Date :- 15.7.2024
Digitally signed by :- NEERAJ KUMAR SINGH Neeraj/Sachin High Court of Judicature at Allahabad
1 issue framed by the court
Can anticipatory bail be granted to an absconder against whom process under Sections 82 and 83 Cr.P.C. has been issued?
Colour shows how this judgement treated each authority
State of Haryana vs. DharamrajRelied on¶17
State of Haryana vs. Dharamraj, 2023 SCC Online SC 1085 · Who else cites this
5 provisions across 3 enactments
Mohammad Wasif
State of U.P.
Vivek Varma
As recorded by the court registry
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