The Court rejected an anticipatory bail application filed under Section 438 Cr.P.C. in a criminal case involving assault and grievous hurt. The applicant has no antecedents, but the Court found no good ground for bail despite co-accused already being granted regular bail.
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Court No. - 1
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3795 of 2020
Applicant :- Sonu @ Satyapal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar,Kalp Dev Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Learned counsel for the petitioner states that he could not file the certified copy of the impugned F.I.R. due to COVID-19 and prays for exemption. The exemption application is allowed.
Heard Sri Pradeep Kumar, learned counsel for the applicant, Ms. Anjali Upadhyay,learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that there are four accused persons including the applicant are involved in the present case and all of them have been assigned the general role of assaulting the two injured with lathi and danda. He further submits that the two co-accused persons, namely, Sant Lal @ Yashpal, Sharvan Bind and Shrikant Bind have filed Crl. Misc. Bail Application No.16221 of 2020 &16206 of 2020, in which they have been granted regular bail by a Coordinate Bench of this Court vide order dated 23.6.2020.The applicant has no criminal antecedents, the said fact has been mentioned in paragraph no.18 of the affidavit filed in support of the anticipatory bail application.
Learned A.G.A. vehemently opposed the prayer for anticipatory bail and submitted that the two victim have sustained serious injuries on their person.
Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant- Sonu @ Satyapal involved in Case Crime No.113 of 2020, under Sections 323, 504, 308 I.P.C., Police Station Shadiyabad, District Ghazipur. The Court concerned while considering the bail of the applicant shall take into account into account the fact the co-accused persons have already been granted regular bail.
Accordingly, the anticipatory bail application is rejected .
However, the applicant is at liberty to move bail application u/s 439 Cr.P.C., if so advised.
The Court concerned while considering the bail application of the applicant shall take into account the fact the co-accused persons have already been granted regular bail.
Order Date :- 10.7.2020
NS
1 issue framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. given the nature of accusations and co-accused details.
1 provisions across 1 enactments
Sonu @ Satyapal
Ramesh Sinha
As recorded by the court registry
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