Dismissed

Deepak Mishra v. State of U.P. and 2 Others

Allahabad HC6 Jan 2023ABAIL/10564/2022

Case brief

AI extract

What is this about?

The Single Judge rejected an application seeking anticipatory bail under Section 438 Cr.P.C. The court held that no good ground was made out for bail as the applicant was directly implicated in FIR allegations of assault, fire-setting, and causing injuries.

What did the court decide?

The anticipatory bail application of the applicant is rejected; he is not released on bail.

Deepak Mishra Vs State of U.P. and 2 Others — Bail and Remand | Allahabad HC (2023)

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Court No. - 80 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10564 of 2022 Applicant :- Deepak Mishra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Indrajeet Kumar Shukla,Kaushal Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.

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Facts in brief are that on 9.9.2022 at about 7.15 p.m. injured Ravi Prakash was going to the shop of his mausa Ram Pratap Singh. In the way at I.T.I. Chauraha this applicant and 5-6 other companion abused him and this applicant made fire on Ravi Prakash causing injuries to him. The injured was taken to the hospital from where he was referred to Medical college Gorakhpur. On the next day, F.I.R was lodged.

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It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. He was making preparation of competitive examination at the time of alleged incident. There is long criminal history against the inured person and he was caused injury by some one else but on account of enmity, this applicant was named in the F.I.R. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.

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On the other hand, learned AGA opposed the prayer of anticipatory bail.

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Considering the facts and circumstances of the case and submissions made by learned counsel for the parties and the fact that this applicant has been named in the F.I.R., as per statement of inured, he has named accused to make fire on him. In such a situation, no good ground is made out for anticipatory bail. The anticipatory bail application of applicant Deepak Mishra involved in Case Crime No. 650 of 2022, under Sections 147, 323, 504, 506, 307, 342 IPC, P.S. Kotwali, District Deoria is hereby rejected .

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Order Date :- 6.1.2023 A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Deepak Mishra v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Deepak Mishra v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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