Dismissed

Dharmendra v. State of U.P. and Another

Allahabad HC8 Dec 2021ABAIL/14664/2021

Case brief

AI extract

What is this about?

The single judge dismissed an anticipatory bail application under Section 438 Cr.P.C., holding that no likelihood of arrest was made out based on the facts and provisions of Section 41 Cr.P.C., while directing the applicant to approach the trial court if arrested.

What did the court decide?

No anticipatory bail granted; applicant directed to approach the trial court if an arrest is effected.

Dharmendra Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2021)

¶1

Court No. - 75 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14664 of 2021 Applicant :- Dharmendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvesh Kumar Counsel for Opposite Party :- G.A.

¶2

Hon'ble Ram Krishna Gautam,J.

¶3

Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant- Dharmendra, in Case Crime No. 323 of 2021, under Sections-380, 504, 506 I.P.C., Police Station-Colonelganj, District-Prayagraj.

¶4

Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number; application for anticipatory bail was moved before court of session where it was rejected; there is every likelihood of arrest by the police; hence this application for anticipatory bail with above prayer.

¶5

Learned AGA has vehemently opposed with this contention that there is no likelihood of arrest by the police, where offences, maximum punishable upto seven years, are to be dealt with as per Section 41 Cr.P.C., as well as law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC), Lal Kamlendra Pratap Singh Vs. State of U.P.

¶6

Having heard and gone through material placed on record as well as considering all those facts and circumstances of the case and law laid down by the Hon'ble Apex Court in the Case of Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98 , no indulgence for grant of anticipatory bail is made out.

¶7

However, in case, applicant approaches before the trial court with bail application, same shall be considered and decided in accordance with law cited as above as well as in strict adherence of provision of Section 41 Cr.P.C.

¶8

With the aforesaid observations, this anticipatory bail application is disposed of.

¶9

Order Date :- 8.12.2021

¶10

Deepak/

Dharmendra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dharmendra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Saurabh Srivastava Vs State of U.P. and 2 Others

Rajesh Kumar Yadav @ Raju Vs State of U.P.

Tasleem Vs State of U.P. and Another

Manish @ Munish Kumar Vs State of U.P.

Shiv Prakash Maurya Vs State of U.P.

Kalla @ Vijay Vs State of U.P.