Dharmendra v. State of U.P. and Another
Case brief
What is this about?
The Allahabad High Court rejected the anticipatory bail application of Dharmendra in a case involving assault and grievous injuries. The court noted the fracture over the nose of the injured and the use of weapons, refusing anticipatory bail to allow a transparent investigation. However, it held that protection under Section 41(1) Cr.P.C. is available.
What did the court decide?
Prayer for anticipatory bail rejected; applicant advised to seek regular bail.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14598 of 2021
Applicant :- Dharmendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Kumar
Hon'ble Rahul Chaturvedi,J.
Heard Shri Kuldeep Kumar, learned counsel for the applicant and learned A.G.A. Perused the record.
By means of the present application the applicant, Dharmendra is seeking his anticipatory bail in Case Crime No.91 of 2021, under Sections 342, 308, 323, 504, 506 I.P.C., Police Station-Agauta, District-Bulandshahar. From the record, it is evident that the applicant has approached this Court after getting her anticipatory bail rejected from the Court of Session vide order dated 06.07.2021.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3) Cr.P.C. (U.P. Amendment) is not required.
Keeping in view that there is fracture over nose of the injured and keeping in view the allegation made in the FIR that all the four persons were assaulted by lathi, danda and Batt countrymade pistol causing grevious injuries over the person of Lekhraj.
Issues for consideration
3 issues framed by the court
Whether anticipatory bail should be granted to the applicant in the facts of the case.
Whether protection of Section 41(1) Cr.P.C. is available to the applicant considering the maximum punishment.
Whether the Investigating Officer requires liberty for investigation despite rejection of anticipatory bail.
Parties & counsel
- applicant
Dharmendra
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- ABAIL/14598/2021
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