Dhyan Singh and 2 Others v. State of U.P. and Another
Case brief
What is this about?
In a criminal miscellaneous anticipatory bail application filed under Section 438 Cr.P.C., the Court rejected the plea for anticipatory bail in a case involving injuries, holding that no good ground was made out to exercise discretion at the preliminary stage.
What did the court decide?
Defendants rejected; left to apply for regular bail.
What the court decided
Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5944 of 2021
Applicant :- Dhyan Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
- Present application has been filed in the month of February, 2021. It has remained pending for more than four months mostly on account of spread of second wave of pandemic Covid-19. In such peculiar facts, the present application though filed directly before this Court, has been entertained.
- Heard learned counsel for the applicants and learned A.G.A. for the State through video conference.
- This anticipatory bail application has been filed on behalf of the applicants - Dhyan Singh, Arvind and Arun , seeking anticipatory bail in Case Crime No. 27 of 2020, under Sections - 323, 504 and 324 I.P.C., Police Station - Sherkot, District - Bijnor , during pendency of trial.
- Learned counsel for the applicants submits that the applicant has been falsely implicated. A petty quarrel had taken place wherein both sides had suffered some injuries.
Issues for consideration
2 issues framed by the court
Whether good ground is made out to grant anticipatory bail at the preliminary stage given the occurrence cannot be doubted.
Whether the injury report and allegations of false implication warrant the exercise of discretion in favor of the applicants.
Parties & counsel
- applicant
Dhyan Singh
- applicant
Arvind
- applicant
Arun
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- ABAIL/5944/2021
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