Chhatrapal and Another v. State of U.P. and Another
Case brief
What is this about?
Application for anticipatory bail was filed regarding offences under the IPC and SC/ST Act. The court held the application was not maintainable post-charge sheet rejection and denied bail due to lack of extraordinary circumstances or immediate threat of arrest.
What did the court decide?
Anticipatory bail application was rejected.
What the court decided
Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13601 of 2021 Applicant :- Chhatrapal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed by the applicants Chhatrapal and Gaurav Srivastava in Case Crime No. 787 of 2018, S.S.T. No. 186 of 2019, under sections 420, 406, 323, 504, 506, 120B I.P.C. and Sections 3(1)D, 3(1)Dha SC/ST Act, P.S.- Izzatnagar, District - Bareilly.
Submission of the learned counsel for the applicants is that the first information report was lodged by Neeraj Kumar against the applicants and one more person making allegations of dishonestly misappropriation of money which was deposited in the joint account and also committed maar-peet using abusive language and causing hurt to the informant. In the first information report, it has also been alleged that accused persons used caste related abuses. Further submission is that the first information report has been lodged just to harass the applicants and they have been falsely implicated. No such occurrence took place nor the allegations of the first information report is substantiated by any evidence, therefore, the applicants are entitled for anticipatory bail. It is further submitted that applicants have 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.
Issues for consideration
3 issues framed by the court
Whether anticipatory bail is maintainable when a charge sheet has already been filed.
Whether allegations under the SC/ST Act preclude the grant of anticipatory bail.
Whether the applicants demonstrated a real threat of arrest warranting extraordinary relief.
Parties & counsel
- applicant
Chhatrapal
- applicant
Gaurav Srivastava
- respondent
State of U.P.
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- ABAIL/13601/2021
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