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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Sanjeev Nayan Kumar, Son of Late Vijay Kumar Ambastha – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. circumstances of the anticipatory bail application. (Para 2 , 3 , 4) |
| 2. petitioner's compliance with legal orders. (Para 5) |
| 3. opposition to the bail application by the state. (Para 6) |
| 4. court's reasoning against granting bail. (Para 7) |
| 5. final dismissal of the bail application. (Para 8) |
ORDER :
1. Heard the parties.
2. Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Complaint Case No.50 of 2001 registered under Section 420/465/467/469/471 of the Indian Penal Code.
3. This is the second journey of the petitioner for grant of privileges of anticipatory bail. The prayer for anticipatory bail of this petitioner, was earlier rejected by a Co-Ordinate Bench of this court vide order dated19.03.2008 passed in A.B.A. No.2222 of 2007.
4. Learned counsel for the petitioner submits that the petitioner thereafter approached the Hon’ble Supreme Court of India and the Hon’ble Supreme Court of India vide order dated 08.10.2010 passed in Special Leave Petition (Criminal) No.6758 of 2008, directed the petitioner to file a regular bail before the trial court within four weeks from 08.10.2010 and also directed th
Anticipatory bail cannot be granted when prior applications have been rejected on merit and there has been non-compliance with Supreme Court directives without any change in circumstances.
Points OF The Law : Perused first information report as well as the statement recorded by the prosecutrix under Section 164 Cr.P.C.
In private complaint cases, the police have no power to arrest without a warrant issued by the Magistrate. Courts acts exceeding jurisdiction by directing the accused to surrender when denying antici....
The power to grant regular bail includes the power to grant interim bail, particularly in view of Article 21 of the Constitution of India, and a person should not be compelled to go to jail if they c....
Anticipatory bail – Specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by same Judge.
Police has no power to arrest accused in a complaint case unless there is a non-bailable warrant issued by that Court along with summons – If Magistrate orders Police inquiry under Section 202 and as....
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