This is an anticipatory bail application filed under Section 438 Cr.P.C. The applicant sought protection against arrest in an injury case after Section 308 IPC was added to the charge-sheet. The court refused the prayer, stating no good ground for anticipatory bail.
Prayer for anticipatory bail refused and application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6895 of 2021
Applicant :- Satendra And 3 Others Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No. 268 of 2016, under Sections – 323, 324, 504, 325, 308 I.P.C., Police Station - Ramala, District – Baghpat, during the pendency of trial.
Upon consideration of the various aspects of this case, obviously the applicant has already been admitted to bail in all the sections concerning 323, 324, 504, 325 I.P.C. in Case Crime No. 268 of 2016, Police Station – Ramala, District – Baghpat. However, after investigation, Section – 308 I.P.C. was added in the charge -sheet. It is claimed that the same was wrongly added and the applicant needs protection.
Learned A.G.A. has retorted to the aforesaid argument that in this case, as per the merit of the case after the medical examination report, the case was found to be fit one within the four corners of Section 308 I.P.C., therefore Section - 308 I.P.C. was added and it cannot be said that it is redundant or was not justified under facts and circumstances of the case.
I have considered the entirety of this case. So far as the protection point at this stage is concerned, no good ground is made out. Consequently, the prayer made for anticipatory bail is hereby refused. In case the applicant has any grievance, he may avail remedy before the appropriate forum. No good ground is made out for anticipatory bail.
Consequently, the instant anticipatory bail application is dismissed .
It is made clear that observation made in this order shall have no bearing on the merits of the case.
Order Date :- 11.8.2021 S Rawat
2 issues framed by the court
Whether anticipatory bail is maintainable when a foisting of Section 308 IPC is alleged in the charge-sheet.
Whether sufficient ground is made out for granting anticipatory bail in the given facts.
2 provisions across 2 enactments
Satendra And 3 Others
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
