Nand Kishor v. State of U.P. and 2 Others
Case brief
What is this about?
The court rejected an anticipatory bail application filed by an applicant charged with affray, assault, and obstruction of electricity department officials. The applicant claimed false implication and threat of arrest, arguing it would affect his Navy service. The court found no force in the application and rejected it.
What did the court decide?
The anticipatory bail application filed by Nand Kishor is rejected.
What the court decided
Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7091 of 2021 Applicant :- Nand Kishor Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashok Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the anticipatory bail application.
The present anticipatory bail application has been filed by the applicant Nand Kishor with a prayer to enlarge him on anticipatory bail in Case Crime No. 11 of 2021, under Sections 147, 332, 353, 427 I.P.C., Police Station Raya, District Mathura.
The first information report version is that the employees of electricity department had gone to the place of occurrence for revenue recovery and prevention of electricity theft and were inspecting there. Meanwhile, the accused persons started quarreling and committed maar-peet with the employees of the electricity department and prevented them on performing their public duties and also torn official papers. About the said incident, video was also made.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Submission is that the genesis of the offence has not been clarified. The ladies have been said to have also participated and employees of the electricity department entered into the house, whereas, the electric meter was installed out side of the house. Further submission is that it is a case of false implication and the accused-applicant es an employee of Navy and if, he is arrested, he will be suffered and his service shall also be affected. It has also been submitted that there is regular threat of
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to anticipatory bail in a case alleging affray, assault, and obstruction of public duty.
Whether the danger of flee or tampering with witnesses justifies the rejection of anticipatory bail.
Whether the applicant’s employment as a Navy employee necessitates anticipatory bail to prevent service disruption.
Parties & counsel
- applicant
Nand Kishor
Coram
Pradeep Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- ABAIL/7091/2021
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