The Criminal Misc. Application seeking anticipatory bail in a case involving assault and SC/ST Act offences was rejected. The court held that bail would be considered later if the applicants surrender and file a regular application.
Prayer for anticipatory bail rejected; no concession of bail if surrender takes place.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14425 of 2021
Applicant :- Karan And Others Opposite Party :- State Of U.P Counsel for Applicant :- Arun Kumar Mishra
Hon'ble Rahul Chaturvedi,J.
Heard Shri Arun Kumar Mishra, learned counsel for the applicants and learned A.G.A. Perused the record.
By means of the present application the applicants are seeking his anticipatory bail in Case Crime No.241 of 2021, under Sections 323, 506 IPC and Section 3(2)(V) SC/ST Act, Police Station-Pallavpuram, DistrictMeerut.
Learned AGA at the outset mention that the mother of the informant Indo Devi has sustained a fracture over his right elbow and thus the FIr is initially registered under Section 323 IPC is bound to swelwe some more added sections of the IPC.
Though the charge sheet has not been submitted as yet but taking into account the totality of the circumstances, I am not inclined to grant anticipatory bail in favour of the applicants and thus the prayer for anticipatory bail is hereby Rejected.
However, it is made clear that in the event, the applicants surrender and apply for bail, the bail application shall be considered and decided by the concerned court in accordance with the law laid down by the Hon'ble Apex Court in the case of Hussain and another Vs. Union of India reported in (2017) 5 SCC Page-702,.
With the aforesaid observation the present application is hereby disposed of.
Order Date :- 25.8.2021 Abhishek Sri.
Digitally signed by RAHUL CHATURVEDI Date: 2021.08.26 12:20:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail should be granted to the applicants in the pending criminal case alleging offences under Sections 323 IPC, 506 IPC and SC/ST Act.
Colour shows how this judgement treated each authority
Hussain and another Vs. Union of IndiaReferred¶9
Hussain and another Vs. Union of India (2017) 5 SCC Page-702 · Who else cites this
1 provisions across 1 enactments
Karan And Others
Rahul Chaturvedi
As recorded by the court registry
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