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...and the father of the petitioner has also given the complaint and there is no apprehension of arrest and no notice was issued against the petitioner herein. Under the circumstances, there is no reasonable ...No.6 and no complaint is filed by the wife of the petitioner and no notice is issued. When such being the facts, when there is no any reasonable apprehension of arrest, I do not find any ground to...invoke Section 438 of Cr.P.C. and the Court cannot presume the apprehension of arrest, unless some material is placed before the Court regarding reasonable apprehension of ...
...there is an apprehension of arrest. 5. The learned counsel for the petitioners further submits that a separate affidavit is filed explaining the circumstances with regard to the reasonable ...wife, nothing is averred with regard to apprehension of arrest and when there is no reasonable apprehension of arrest, this Court cannot invoke Section 438 of Cr.P.C. ...the affidavit and though the affidavit is a lengthy affidavit, nothing is averred with regard to the reasonable apprehension to invoke Section 438 of Cr.P.C. In paragraph No.17 also, which brought to the notice of...
...punishable under Sections 406, 420 read with 34 of IPC. The petitioner has approached this Court invoking Section 438 of Cr.P.C. stating that there is a reasonable apprehension of arrest in connec...Crime No.270/2021 of Suddaguntepalya Police Station. 4. The learned counsel for the petitioner submits that there is a reasonable apprehension of arrest since the petitioner is a...there is no question of any apprehension of arrest and unless the petitioner makes out a reasonable apprehension to invoke Section 438 of Cr.P.C., the very petition is not maintainable...
...approached this Court invoking Section 438 of Cr.P.C. stating that there is a reasonable apprehension of arrest in connection with Crime No.270/2021 of Suddaguntepalya Police Station....
4. The learned counsel for the petitioner submits that there is a reasonable apprehension of arrest since the petitioner is a financial consultant, he has neither received any am...material against the petitioner and hence there is no question of any apprehension of arrest and unless the petitioner makes out a reasonable apprehension to invoke Section 438 of Cr.P.C....
...punishable under Sections 406, 420 read with 34 of IPC. The petitioner has approached this Court invoking Section 438 of Cr.P.C. stating that there is a reasonable apprehension of arrest in connec...Crime No.270/2021 of Suddaguntepalya Police Station. 4. The learned counsel for the petitioner submits that there is a reasonable apprehension of arrest since the petitioner is a...there is no question of any apprehension of arrest and unless the petitioner makes out a reasonable apprehension to invoke Section 438 of Cr.P.C., the very petition is not maintainable...
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CRM-M-147-2017 -2-
arrest are issued against a person and he has got reasonable apprehension ...said circumstance is sufficient enough to constitute a reasonable apprehension of arrest warranting the filing and maintainability of the petition under Section 438 Cr.P.C...on 5.12.2016 resulting in issuance of non-bailable warrants against him. In said circumstances, apprehending arrest, the petitioner filed a petition under Section 438 Cr.P.C., before the Sessions...
...police station. Hence, learned counsel made the submission that the petitioner is having reasonable apprehension of his arrest at the hands of the respondent-police in connection with the non- bailable...intention to get anticipatory bail. Hence, he submitted that there is no reasonable apprehension of arrest of the petitioner at the hands of the respondent police. Hence, he submitted that the pet...for anticipatory bail is able to show his reasonable apprehension of arrest at the hands of the respondent - police, he is entitled for anticipatory bail. But in the case on hand, looking to the...
...Old Hubballi Police Station. 4. In the above facts and circumstances it cannot be said that there is a reasonable apprehension of arrest for the petitioner. Therefore the...Apprehending arrest in Crime No.131/2021 of Old Hubballi Police Station registered for offences punishable under Sections 454, 457 and 380 of IPC., the present petition is filed by the...petitioner under Section 438 of Cr.P.C. It is observed therein that nothing is alleged against the petitioner in this case and nothing is there to believe that the Police may arrest him in this case...
...out a case of his reasonable apprehension of arrest at the hands of respondent-Police. Hence, submitted to reject the petition. 5. I have perused the grounds urged in the bail...drew the attention of this Court, there are only bald and vague averments made in the petition. Only on that basis, it cannot be said that petitioner has made out a case of reasonable apprehension of his ...the petitioner to move the Court in case he had the reasonable apprehension of his arrest at the hands of respondent Police. Sd/- JUDGE ...
...reasonable apprehension of arrest and accordingly, the present application is dismissed. (Shree Chandrashekhar, J.) Satyarthi
...1IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 624 of 2015
1. Ishwar Mahto, son of late Ratan Mahto
2. Simiya Devi, wife of Sri Ishwar Mahto...
3. Binwa Devi, wife of Gula Mahto and daughter of Sri Prabhu Mahto , Petitioner nos. 1 to 3 are R/o village Mania Mera, P.O. & P.S. Katoria, Banka (Bihar)
4...
...is not a condition precedent. If a person is able to make out a case of his reasonable apprehension of arrest at the hands of the respondent police, then he is entitled for anticipatory bail...that there is a reasonable apprehension of arrest of the petitioner in the hands of respondent No.1-police in respect of the non-bailable offence. Therefore, for the present, the petition...off with a liberty to the petitioner that in case, if he has such reasonable apprehension of his arrest by the police or in the meanwhile, any criminal case is filed, he can approach this court seeking anticipatory...
...Supreme Court in Arnesh Kumar vs. State of Bihar and another reported in (2014)8 SCC 273, there is no reasonable apprehension of arrest of the petitioners. 4. The records show...Heard. 2. Channarayapatna Town police have charge sheeted the petitioners in Crime No.312/2016 of that police station for the offences punishable under Sections 4...(A), 21(1), 21(5) of Mines and Minerals (Regulation of Development) Act, 1957 and Rules 3, 42 and 44 of Karnataka Minor Mineral Concession Rule, 1994 read with Section 379 of IPC...
...petitioner was absconding, court has chosen to issue only summons to him. Hence, there cannot be any reasonable apprehension of arrest of the accused. Section 438 of the Code ...Procedure can be invoked, only if a person has a reason to believe that he will be arrested on accusation of commission of a non bailable offence.5. A reasonable apprehension of ...Code has no application. In this case, having issued only summons to accused, there cannot be any apprehension of arrest at all. Anticipatory bail cannot therefore be granted under...
...contended by the petitioners herein that they are having apprehension of their arrest at the hands of the respondent/police. Even, though the FIR is not registered, but it is not condition precedent to maintain the...of arrest at the hands of the respondent/police he can maintain the petition for anticipatory bail. Looking to the petition averments, it is contended by petitioners in both the petitions that they are having a ...of arrest at the hands of the respondent/police. Therefore, looking to the materials placed on record their apprehension is well founded. Even the alleged offences are also not exclusively punishable with death or ...
...-M-17992 of 2013 (O&M) Since the petitioner is apprehending arrest pursuant to non-bailable warrants on account of his absence on a date of hearing, there is reasonable apprehension ...Petitioner seeks the concession of pre-arrest bail apprehending arrest on account of having absented on 17.1.2013 claiming that on account of illness of his son, he was not able to app...before the trial Court. A perusal of the order dated 17.1.2013 indicates that neither any witness was present nor any effective hearing was to be conducted by the Chief Judicial Magistrate...
..., any person may register any case against the petitioners and the police may arrest them in that connection. Unless, the Court examine and satisfy itself, whether there is any reasonable apprehension of ...of anticipatory bail though there is no case pending against them or no case has been registered against them by the respondent-Police. On mere apprehension that the police may register a case against...anticipatory bail under Section 438 of Cr.P.C., though no case is registered against them. Such ingredients are not available in the present case. Therefore, mere apprehension is...
..., 468, 471, 34 of IPC.
2. This anticipatory bail application has been argued on the ground that the applicant has reasonable apprehension of arrest while the State is opposing the....
ORDER
This is first application under Section 482 of BNSS, 2023 for grant of anticipatory bail. The applicant apprehends his arrest in connection...application on the ground that a report was submitted by the concerned Police Station before the Court below that arrest of the applicant was not required in Crime No.346/2024. It is submitted that...
...good ground for the petitioner to entertain a
reasonable apprehension of arrest. I am inclined to grant anticipatory
bail to the petitioner, but safeguarding the interest of the prosecution
as well....
3. Accordingly, a direction is issued to the officer-in-charge of the
police station concerned to release the petitioner on bail for a period of
one month in the event of his arrest...Petitioner who is a suspected accused in Crime No.378/04 of
Puthukkad Police Station registered under the caption 'unnatural
death' in respect of one Mohanan who died due to drowning...
...applicant and has issued non-bailable warrant against her, therefore, there is a reasonable apprehension of arrest. She is ready to co-operate with the trial. The applicant has made efforts to serve...THIS is first application under Section 438 of the Code of Criminal Procedure. The applicant is seeking anticipatory bail in connection with Private Criminal...Case No.1393/2015 pending in the Court of IInd ASJ, Mhow, District Indore for the offences under Sections 420, 467, 468,
417 and 120-B of IPC. Learned counsel for the applicant submits...
.... Looking to the facts of the case, reasonable apprehension of arrest, taking into consideration the gravity and nature of accusation and there being no possibility of his fleeing from ju...relief. He has apprehension of imminent arrest. Lastly, it is submitted that in case, applicant is released on bail, he would not misuse the liberty and would cooperate with the investigation...applicant is entitled to be released on anticipatory bail in this case.
6. In the event of arrest of the applicant Vivek Kumar Jaiswal involved in the aforesaid case shall be released on...