The High Court rejected the applicant's anticipatory bail application, holding that no case for grant was made out given that full facts were not before the Court and the investigation was ongoing.
The application was rejected; the applicant faces arrest risk in the mentioned criminal case pending investigation.
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. - 68
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1291 of 2022
Applicant :- Haji Shan Mohammad @ Janu Opposite Party :- State of U.P. Counsel for Applicant :- Pravina Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Pravina Kumar Pandey, learned counsel for the applicant and Shri Indra Prakash Srivastava, learned AGA for the State.
The applicant has moved the instant anticipatory bail application as he apprehends arrest in Case Crime No.415 of 2021 under Sections 147, 148, 149, 336, 186, 332, 353, 323, 504 IPC, Police Station-Bhopa, District-Muzaffarnagar.
Shri Indra Prakash Srivastav, learned A.G.A. contends that the applicant stoned the police party which was conducting the investigation and prevented them from discharging their official duties. The conduct of the applicant has a serious bearing on the law and order. The investigation is still on foot. Full facts are not before the Court.
No case for grant of anticipatory bail is made out at this stage.
The anticipatory bail application is rejected.
Order Date :- 23.2.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.02.24 17:04:48 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the anticipatory bail application deserves to be granted given the apprehension of arrest and alleged obstruction of police investigation.
Whether the facts before the Court at the stage of this application are sufficient to establish a prima facie case for bail.
Haji Shan Mohammad @ Janu
Ajay Bhanot
Ashish Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
