The court rejected an anticipatory bail application on the grounds of the applicant's attempt to mislead the court by falsely claiming minority and the gravity of the alleged offense involving a victim in a coma.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 181 of 2020
Applicant :- Abhishek @ Fota Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Shiromani Yadav Counsel for Opposite Party :- G.A.,Dharmendra Pratap Singh Chauhan
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri I.P. Srivastava, the learned A.G.A. for the State as well as Sri D.P.S. Chauhan, learned counsel for the Informant and perused the record.
The present application for grant of anticipatory bail has been filed by the applicant in case crime No.399 of 2019, under Section 307 I.P.C., Police Station Chhajlet, DistrictMoradabad.
The Court finds no ground to accord the facility of anticipatory bail to the applicant bearing in mind the nature of injuries which have been caused and in respect of which the victim remains in coma and is undergoing treatment at the trauma centre of AIIMS. Additionally the Court notes that an attempt has been made to clearly mislead since in the description of parties, the applicant claims to be a minor. He has also appended the school registration and transfer certificate form from which it is sought to be asserted that his date of birth is 01 January 2003. It becomes pertinent to note that the aforesaid certificate is dated 05 July 2007. In that certificate, the date of admission of the applicant is stated to be 01 April 2017 when in fact, learned counsel for the informant has placed on the record the paper issued by the Board of High School and Intermediate Education in which the date of birth of the applicant is recorded as 15 August 1999.
In that view of the matter, this application shall stand rejected . Order Date :- 18.1.2020 Vivek Kr.
2 issues framed by the court
Whether anticipatory bail shall be granted when the applicant misrepresented his date of birth and claimed to be a minor.
Whether the serious nature of the injuries sustained by the victim, who remains in a coma, precludes the grant of bail.
2 provisions across 2 enactments
Abhishek @ Fota
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
