Ballu@ Basru v. State of U.P. Anothers
Case brief
What is this about?
The Single Judge of the Allahabad High Court refused an interim anticipatory bail application. The Court noted the applicant's lack of cooperation in the investigation as well as criminal history against him, while also considering the severity of injuries in the case. Following the Additional Sessions Judge's observation on criminal history, the application was dismissed.
What did the court decide?
The application for interim anticipatory bail was refused.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42639 of 2019
Applicant :- Ballu@ Basru Opposite Party :- State Of U.P. Anothers Counsel for Applicant :- Imran Mabood Khan Counsel for Opposite Party :- G.A., ,Pankaj Tripathi,Vinay Saran(Senior Adv.)
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and Sri Pankaj Tripathi, learned counsel for the informant as well as Sri Vikas Sahai, learned AGA.
The Court notes that the applicant was accorded the facility of interim protection in terms of the order passed on 17 October 2019. However learned AGA apprises the Court that the applicant has not cooperated in the investigation and that proceedings under Section 82/83 Cr.P.C. have already been initiated. The Court additionally takes into consideration the criminal history of the applicant which is duly noticed in the order passed by the Additional Sessions Judge.
Bearing in mind the nature of the offences in which the applicant stands named, the Court finds no ground to accord anticipatory bail to the applicant. This more so in light of the grievous nature of injuries which are noticed in the supplementary medical report appended at page 34 to the application.
The application is consequently refused.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant considering his lack of cooperation in investigation and criminal history.
Whether the grievous nature of injuries precludes the grant of anticipatory bail.
Parties & counsel
- applicant
Ballu@ Basru
- respondent
State Of U.P.
Coram
Yashwant Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/42639/2019
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