Court dismissed an anticipatory bail application under S. 438 Cr.P.C. because no summons order was issued after the charge sheet was filed, negating any apprehension of arrest.
No anticipatory bail granted; application dismissed with reasoning that no apprehension of arrest existed.
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Neutral Citation No. - 2024:AHC:113940
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4990 of 2024
Applicant :- Qazi Ziaulrehman Opposite Party :- State of U.P. Counsel for Applicant :- Sheeba Rizvi Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
"It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and grant anticipatory bail to the Applicant in connection with first information report dated 26.04.1999 in Case Crime No.66 of 1998-99 under sections 29, 39, 50, 51 Forest Animal Act, Police Station Bhopa, District Muzaffarnagar.
And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case. So justice may be done."
Order Date :- 18.7.2024 D. Tamang
Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted in absence of summoned order following charge sheet.
Whether lack of satisfaction on summoning order warrants issuance of anticipatory bail.
1 provisions across 1 enactments
Qazi Ziaulrehman
State of U.P.
Vikram D. Chauhan
Dhirendra Tamang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
