Criminal Misc Appl. under S. 438 Cr.P.C. regarding anticipatory bail in a rape case. Court refused bail fearing misuse and noted no grounds for arrest pending trial.
Prayer for grant of anticipatory bail is refused; application stands dismissed.
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Neutral Citation No. - 2024:AHC:169875
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9833 of 2024
Applicant :- Mobin Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- Abhishek Kumar Jaiswal,G.A.,Sumant Krishna Singh
Hon'ble Mayank Kumar Jain,J.
Court. On one occasion warrant has been issued against the husband but that was recalled and the applicant has no reason to belief that he may be arrested.
Order Date :- 23.10.2024 PS
Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether an applicant facing charges under Sections 307 and 376 IPC in a rape case was eligible for anticipatory bail.
Whether the applicant's apprehension of arrest justified the grant of anticipatory bail pending trial.
3 provisions across 2 enactments
Mobin Ali
State of U.P.
Another
Mayank Kumar Jain
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
