Dismissed

Shabab and 4 Others v. State of U.P. and Another

Allahabad HC21 Jun 2021ABAIL/10578/2021

Case brief

AI extract

What is this about?

The Court rejected an anticipatory bail application filed by five accused persons in an FIR alleging offences under IPC 147, 148, 307, etc. Despite the applicants claiming no criminal history and petty injuries, the Court held no good ground existed for bail at the preliminary stage due to the admitted occurrence and injuries, advising them to seek regular bail.

What the court decided

AI extract

Shabab and 4 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 38

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10578 of 2021

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Applicant :- Shabab And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kaustubh Srivastava,Kandarp Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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The present application has been filed directly before this Court in the month of early May, 2021 during the second wave of pandemic Covid-19. It has been submitted that the present applicants were thus prevented from approaching the learned court below, whose functioning was disrupted. Accordingly, the present application has been entertained.

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Heard learned counsel for the applicants and learned A.G.A. for the State through video conference.

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This anticipatory bail application has been filed on behalf of the applicants - Shadab, Naqib, Babar, Sabuddin and Salman , seeking anticipatory bail in Case Crime No. 520 of 2018, under Sections - 147, 148, 323, 307, 504, 506, 352 I.P.C., Police Station - Mawana, District - Meerut , during pendency of trial.

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Learned counsel for the applicants submits that that there is no criminal history of the applicants and that arising from a petty quarrel ten persons have been made accused, of whom applicant nos. 1 to 4 are members of one family. Then, it has been submitted that no such injuries had been suffered as have been claimed in the FIR. In that regard, reference has been made to the injury report. Thus, it has been vehemently urged that the applicants may be protected by the Court.

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Having heard learned counsel for the applicants and having perused the record, at present, it cannot be denied that there are certain injuries suffered by the injured though the same have been described as simple in nature, at the same time, the occurrence cannot be denied on the strength of the material brought before the Court.

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Accordingly, no good ground is made out to exercise discretion in favour of the applicants, at this preliminary stage.

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In view of the above, the present application is found to be devoid of merit and is accordingly rejected , leaving it open to the applicants to apply for regular bail, which application when filed may be dealt with on its own merit as expeditiously as possible, without being prejudiced by any observation made in this order.

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Order Date :- 21.6.2021 Abhilash

Shabab and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What the court decided

Shabab and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What the court decided

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