Radhey and Another v. State of U.P. and 3 Others
Case brief
What is this about?
The High Court rejected an anticipatory bail application because the applicants failed to produce a summoning order or demonstrate specific apprehension of arrest. Liberty was granted to file a fresh application upon the issuance of a summoning order or specific apprehension.
What did the court decide?
Liberty granted to file fresh anticipatory bail application upon issuance of summoning order or specific apprehension of arrest.
What the court decided
Neutral Citation No. - 2024:AHC:140597
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7968 of 2024
Applicant :- Radhey And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
- Heard learned counsel for the applicants as well as learned AGA and perused the material available on record.
- The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants- Radhey and Umesh in Case Crime No.368 of 2022, under Sections 452, 323, 504, 506, 427, 325, 354 Kha I.P.C., Section 7/8 of POCSO Act, 2012 and Section 3(2)(VA) of SC/ST Act, Police Station - Khair, District - Aligarh.
- It is submitted by learned counsel for the applicants that applicants are innocent and have no concern with the present matter. Allegations levelled against applicants are false. It is further argued that applicants' case is squarely covered under Section 438 Cr.P.C. No prima facie case is made out against the applicants. If the applicants are enlarged on anticipatory bail, they will not misuse the liberty and cooperate with the investigation. The applicants have apprehension of their arrest by the police any time.
Issues for consideration
1 issue framed by the court
Whether applicants demonstrated a specific apprehension of arrest necessitating anticipatory bail in the absence of a summoning order.
Parties & counsel
- applicant
Radhey
- applicant
Umesh
- respondent
State Of U.P.
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- ABAIL/7968/2024
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