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VIKRAM D. CHAUHAN
Rahis Ahmad – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Vikram D. Chauhan, J.
1. Heard learned counsel for the applicants as well as learned AGA and perused the material available on record.
2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Rahis Ahmad and Mohammad Arif in Case No. 4364 of 2024 in Case Crime No. 78 of 2018 under Sections 4/21 of Mine and Minerals Act and Section 3/4 of Damage to Public Property Act, Police Station - Swar, District - Rampur.
3. It is submitted by learned counsel for the applicants that applicant has not been served with the summons although the summoning order was passed on 15.10.2023. On 21.08.2024 this Court has passed the following order:-
2. In the present case, summoning order was issued on 15.10.2023 by the court concerned. A perusal of the order sheet of the court concerned would demonstrate that the Non-Bailable War
The issuance of non-bailable warrants without proper service of summons violates the right to personal liberty under Article 21 of the Constitution.
(1) Anticipatory bail – If anyone is declared as an absconder/proclaimed offender in terms of Section 82 Cr.P.C., he is not entitled to relief of anticipatory bail.(2) Anticipatory bail – When an app....
Anticipatory bail is not maintainable upon issuance of summons for a non-bailable offence unless there is reasonable apprehension of police arrest without warrant.
Point of Law : Bail - Power under Section 438 CrPC is an extraordinary power and the same has to be exercised sparingly. The privilege of the pre arrest bail should be granted only in exceptional cas....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
Anticipatory bail can be denied if the applicant fails to comply with court orders and conditions, especially in serious cases involving multiple FIRs.
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