Dismissed

Bhoora and Another v. State of U.P. and Another

Allahabad HC1 Sept 2021ABAIL/1654/2021

Case brief

AI extract

What is this about?

This court rejected an anticipatory bail application filed under Section 438 Cr.P.C. for charges under Sections 376D and 506 IPC. The court held no good cause was made out as allegations were well-founded, directed the applicant to seek regular bail, and struck off earlier interim protection.

What did the court decide?

Anticipatory bail application dismissed; interim protection under date 28.01.2021 struck off. Applicant to seek regular bail.

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

¶1

Court No. - 50

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1654 of 2021

¶3

Applicant :- Bhoora And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.,Manish Joshi

¶4

Hon'ble Arvind Kumar Mishra-I,J.

¶5

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶6

This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No.484 of 2020, under Sections -376D, 506 I.P.C., Police Station Bhojpur, District - Moradabad during the pendency of trial.

¶7

While arguing the various aspects of this case, learned counsel for the applicants has laid stress, in particular contention that in this case, the first information report has been lodged against the informant side under Section 376 I.P.C. and when the bail application of the informant side in that case was rejected, a concocted case was set up in order to coerce the situation which cannot be said to be correct and carries element of truth.

¶8

Per contra, learned counsel for the informant has contented that in this case, the bail application was rejected on 26.11.2020, whereas, the bail application under Section 376 I.P.C. was moved at the stage prior to adjudication of the bail application filed on behalf of the informant side involving Section 307 I.P.C.

¶9

Upon consideration of the facts and circumstances of the case, obviously, rival contentions cannot scrutinized at this stage and authenticity of the case cannot be evaluated on merits as it is not subject matter of the anticipatory bail. However, in this case charge sheet has been filed against the applicants. Though there is no bar in the way of passing order for grant of anticipatory bail but so far as the allegations are concerned, the same are

¶10

substantiated by material brought on record.

¶11

Further, insofar as the principle of granting anticipatory bail is concerned, obviously the applicants are required to come out specifically that the allegations are false and have got no base to stand. It is not so in this case as accusations are well founded and arguments raised before this Court can be raised by filing regular bail before the appropriate forum regarding which no observation need be made by this Court. No good ground is made out for anticipatory bail.

¶12

If the applicants have any grievance, they may seek regular bail before the appropriate forum.

¶13

With the aforesaid observation, the instant anticipatory bail application is disposed of.

¶14

Interim protection earlier granted by coordinate Bench of this Court on 28.01.2021, stands struck off.

¶15

It is made clear that nothing has been observed by this Court on merits.

¶16

Order Date :- 1.9.2021 rkg

Bhoora and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Bhoora and Another 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

Parties & counsel

Coram

Case details

Similar cases

Smt Rinki Vs State of U.P. and Another

Dori Lal Vs State of U.P.

Hari Mohan Vs State of Up and Anotehr

Lullar Vs State of U.P.and Another

Khursheed and 6 Others Vs the State of U.P. and Another

Shahbe Aalam Alias Shahabe and 5 Others Vs State of U.P. and 2 Others