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Mahesh Yadav   25 August 2022

Session reject anticipatory bail application

My friend 420 & 406 anticipatory bail application has been rejected in session court today. He received 41 1(A) notice from IO on 26 July 2022 and after that he applied for AB in Session court.

FIR has been registered for property refunds of Rs.15 lacs. In FIR its mentioned that friend to give remaining amount of 10 lacs and 5 lacs already given in 2019.

FIR has been registered in July 2022 and now AB is rejected.

So Now what he can do ? Shall he move to high court ? Shall he will be arrested after AB bail rejected today or he can apply again ??

Please guide what to do next.

Thanks



Learning

 3 Replies

Dr J C Vashista (Advocate)     25 August 2022

Your apprehension qua arrest of your friend is genuine and correct.

Move to High Court for anticipatory bail of accused otherwise s/he shall be arrested or detained in police station when he will appear in response to notice u/s 41(1)(a) Cr PC.which reads as:

41. When police may arrest without warrant.

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person-

(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned;

1 Like

Advocate Bhartesh goyal (advocate)     25 August 2022

Yes, your friend has no option but to move H.C and challenge the order of Session Court else police may arrest to your friend anytime.

anubhav Bhatt   25 August 2022

Dear Mahesh, Don't worry you should immediately approach High Court against that order which was passes by the below court and resolve your matter for more clarification you may contact us then I'll elaborate properly about your case .
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990.

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