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Abail (A) 1094 2020
Abail (A) 1094 2020
com
AFR
Reserved
Court No.81
With
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58006 of 2019
Applicant :- Jhinnu
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Dhirendra Pratap Singh
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 69 of 2020
Applicant :- Ranjeet
Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Prakash Pandey
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 91 of 2020
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 111 of 2020
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 393 of 2020
Applicant :- Sompal
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Rajesh Yadav
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 477 of 2020
Applicant :- Balwant
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Lavkush Kumar Bhatt
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 522 of 2020
Applicant :- Parshuram
Opposite Party :- State of U.P.
Counsel for Applicant :- Perdeep Kumar Vishnoi
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 576 of 2020
Applicant :- Sanjeev
Opposite Party :- State Of U.P. And Anothers
Counsel for Applicant :- Ravi Shankar Tripathi
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 579 of 2020
Applicant :- Ikrar
Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Shukla
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 614 of 2020
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Applicant :- Jogendra
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Ram Shiromani Yadav
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 729 of 2020
Applicant :- Subhawati
Opposite Party :- State of U.P.
Counsel for Applicant :- Jata Shankar Pandey
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 1135 of 2020
Applicant :- Sameer
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Irshad Ahmad
Counsel for Opposite Party :- G.A.
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With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 1152 of 2020
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Applicant :- Balkishan
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Devendra Kumar Shukla
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 1336 of 2020
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Applicant :- Manoj
Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Johri
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 1547 of 2020
15
Applicant :- Tirthraj
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Sudhir Kumar Tripathi
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 1557 of 2020
Applicant :- Lalu
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Prem Prakash Yadav,Arvind Kumar Yadav
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 1570 of 2020
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Applicant :- Suresh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajay Dubey
Counsel for Opposite Party :- G.A.,Anand Kumar Tiwari
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 1595 of 2020
17
Applicant :- Sandeep
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Manoj Kumar Tiwari
Counsel for Opposite Party :- G.A.,Shivam Yadav
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 1612 of 2020
Applicant :- Rampal
Opposite Party :- State Of U.P. And 2 Ors
Counsel for Applicant :- Rajesh Yadav
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 1651 of 2020
Applicant :- Rampal
Opposite Party :- State Of U.P. And 2 Ors
Counsel for Applicant :- Rajesh Yadav
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 1655 of 2020
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Applicant :- Rampal
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rajesh Yadav
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 1711 of 2020
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Applicant :- Shafeek
Opposite Party :- State of U.P.
Counsel for Applicant :- Rekha P Lal
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 1841 of 2020
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statute.
E. While the Explanation may have created an
avenue for an aggrieved person to challenge an
order passed under Section 438(1), it cannot be
construed or viewed as barring the jurisdiction of
the High Court from entertaining an application for
grant of anticipatory bail notwithstanding that
prayer having been refused by the Court of
Sessions.
F. Till such time as the question with respect to the
period for which an order under Section 438 Cr.P.C.
should operate is answered by the Larger Bench, the
Court granting anticipatory bail would have to
specify that it would continue only till the Court
summons the accused based on the report that may
be submitted under Section 173(2) Cr.P.C.
whereafter it would be open for the applicant on
appearance to seek regular bail in accordance with
the provisions made in Section 439 Cr.P.C.”
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Dealing then with the nature of the foundation that must be laid
in an application for anticipatory bail, the learned Judge held: -
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6 AIR 1980 HP 36
7 Criminal Writ Petition No. 2059 of 2018, decided on 02 November 2018
8 1998 2 Cal LJ 447
9 2020 (1) ADJ 52 (FB)
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dictum that may guide the exercise of discretion vested in the Court
under Section 438 of the Criminal Procedure Code. The discretion
wisely left unfettered by the Legislature must be recognised as being
available to be exercised dependent upon the facts and circumstances
of each particular case. The contingencies spelled out in Vinod
Kumar as illustrative of special circumstances may, where duly
established, constitute a ground to petition the High Court directly.
Question (i) and (iv) clearly do not merit any elucidation for it is
for the concerned Judge to assess whether special circumstances do
exist in a particular case warranting the jurisdiction of the High Court
being invoked directly. We answer Questions (ii) and (iii) in the
negative and hold that Vinod Kumar does not merit any
reconsideration or further explanation. It would be for the concerned
Judge to form an opinion in the facts of each particular case whether
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