Dismissed

Ravindra Pandey and 2 Other v. State of U.P. and Another

Allahabad HC12 Aug 2021ABAIL/12982/2021

Case brief

AI extract

What is this about?

In this criminal miscellaneous anticipatory bail application, the court rejected the petition as the applicants failed to show any real threat of arrest, the FIR was lodged 11 months prior, and the medical provision is not a substitute for regular bail.

What did the court decide?

The anticipatory bail application filed by the applicants was rejected with a direction to the lower court to consider regular bail application expeditiously if applicants surrender.

Ravindra Pandey and 2 Other Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 74

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12982 of 2021 Applicant :- Ravindra Pandey And 2 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Pal,Mahesh Prasad Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Pradeep Kumar Srivastava,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This anticipatory bail application has been filed by the applicants Ravindra Pandey, Bindal Pandey and Suraj Pandey in Case Crime No. 224 of 2020, under sections 323, 324, 325, 308, 504 I.P.C., P.S.- Bardah, District - Azamgarh.

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The first information report has been lodged in which the applicants have been named in respect of incident dated 21.09.2020 making allegations that the accused persons caused injuries by lathi, danda and sharp edged weapon on the brother of the informant, who fainted on the spot on account of injuries and become conscious in the hospital.

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Submission of the learned counsel for the applicants is that from both sides, there is first information report and one of the co-accused has been granted regular bail and the bail order is annexed with this application on page no. 59. Further submission is that where there is accusation from both the sides, the applicants are entitled to the benefit of anticipatory bail. It is further submitted that applicants has no criminal history and applicants are prepared to furnish sureties and bonds, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence.

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Learned A.G.A. has vehemently opposed the prayer of bail and has submitted that charge sheet in the matter has already been filed by the police and the forum open to the applicants is of regular bail.

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Considering the submissions of both the sides. In this case, the allegation is that by lathi, danda and sharp edged weapon, grievous injuries have been caused. Moreover, charge sheet has already been submitted, therefore, the applicants should go for regular bail.

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It is pertinent to mention that the anticipatory bail is not a substitute of a regular bail and for it, some extraordinary circumstances are required in comparison to regular bail. There should be some special reason for taking recourse of the provisions of anticipatory bail. Considering the fact that first information report has been lodged almost 11 months before and there is nothing on record to show that some serious efforts have been made by the police to cause arrest of the applicants, hence, there is no threat of arrest of the accused. The applicants have not been able to show any real threat of arrest or any extraordinary circumstances, as such, I do not find any ground for giving benefit of anticipatory bail, hence the anticipatory bail application filed by the applicants is rejected.

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A direction is, however, given to the court below that in case, applicants surrender and give bail application, the same shall be considered and disposed of expeditiously and preferably on the same day in accordance with law.

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Order Date :- 12.8.2021 sailesh

Ravindra Pandey and 2 Other v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ravindra Pandey and 2 Other v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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