The court rejected an anticipatory bail application under Section 438 Cr.P.C. Finding no good ground for the grant, despite the applicant's delay in FIR lodging, the court allowed a prayer to seek regular bail under Section 439 Cr.P.C.
Anticipatory bail rejected; liberty granted to move regular bail application under Section 439 Cr.P.C.
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Court No. - 1
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6011 of 2020
Applicant :- Vikas Pal Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri R.K. Tiwari, learned counsel for the applicant, Ms. Anjali Upadhyay, learned A.G.A. appearing for the State and perused the record.
An exemption application has been filed on behalf of the applicant along with present bail application for exempting the filing of certified copy of the F.I.R. as it could not be made available to the applicant due to COVID19.
The exemption application is allowed.
The filing of certified copy of the F.I.R. is hereby exempted.
It has been contended by the learned counsel for the applicant that the F.I.R. of the present case was lodged after one month of the incident. The applicant has not been assigned any specific role as the same has been assigned to co-accused Dheeraj, hence anticipatory bail may be granted to the applicant.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the victim has sustained injuries on his person for which he was admitted in Trauma Centre at Varanasi but the medical examination report of the victim has not been annexed with the present bail application. She submits that in the F.I.R. general role of assaulting the victim by hard and blunt object has been assigned to all the accused persons including the applicant.
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 anticipatory bail to the applicant Vikas Pal involved in Case Crime No. 147 of 2020 under sections 147, 148, 323, 324, 504, 506, 452, 427, 307, 394 I.P.C., police station Cholapur, District Varanasi.
Accordingly, the anticipatory bail application is rejected .
However, the applicant will be at liberty to move regular bail application under section 439 Cr.P.C., if so advised.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.9.2020 Shiraz
Digitally signed by Justice Ramesh Sinha Date: 2020.09.18 16:57:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether there is any ground to grant anticipatory bail to the applicant for the offence mentioned.
Whether the delayed lodging of the FIR and the assignment of specific role to a co-accused justify anticipatory bail.
10 provisions across 2 enactments
Vikas Pal
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
