Shabana v. State of U.P.
Case brief
What is this about?
The single judge (Shekhar Kumar Yadav, J) considered an anticipatory bail application under Sections 308, 323, and 504 IPC. The applicant alleged false implication and delay in FIR lodgement. No objection was initially raised by the State. The judge permitted four weeks to file a counter affidavit by the AGA and, as interim protection, granted anticipatory bail subject to conditions including a pe
What did the court decide?
Anticipatory bail granted as interim protection on personal bond of Rs.50,000 with two sureties, conditioned on availability for interrogation and no inducement of witnesses, effective indefinitely.
Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2732 of 2022
Applicant :- Shabana Opposite Party :- State of U.P. Counsel for Applicant :- Farid Ahmed Counsel for Opposite Party :- G.A.,Pankaj Kumar Gupta,Rajesh Prasad
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant as well as the learned AGA and perused the record.
Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Shabana in Case Crime No. 383 of 2021, under Sections 308, 323, 504 I.P.C., Police Station - Asmouli, District - Sambhal.
It is submitted by learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. Applicant has been falsely implicated in this matter. Learned counsel for the applicant further submits that the incident of this case has been shown of 17.09.2021 but the FIR of this case has been lodged after one and half month on 31.10.2021. In the FIR as well as in the statement of the injured, no weapon has been assigned to the applicant and only general allegations have been levelled that all the accused persons have assaulted with leg and fists. Learned counsel for the applicant further submits that co-accused persons, namely, Mushahid, Shauib and Rehan have already been granted anticipatory bail by coordinate Bench of this Court on 11.03.2022 passed in Criminal Misc. Anticipatory Bail Application No.1397 of 2022. Applicant has no criminal history.
Issues for consideration
1 issue framed by the court
Whether anticipation bail may be granted to the applicant pending consideration of counter affidavit and rejoinder.
Parties & counsel
- applicant
Shabana
- respondent
State of U.P.
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- ABAIL/2732/2022
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