This judgment dismisses an anticipatory bail application filed by Kuldeep under Section 438 Cr.P.C. The High Court held that the gravity of the charges, involving alleged death of the victim, precludes the exercise of discretionary powers to grant bail.
Anticipatory bail application under Section 438 Cr.P.C. dismissed.
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Neutral Citation No. - 2023:AHC:204667
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11412 of 2023
Applicant :- Kuldeep And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Muktesh Kumar Singh,Kamlendra Singh Counsel for Opposite Party :- G.A.,Dinesh Kumar Yadav
Hon'ble Shekhar Kumar Yadav,J.
none of the witnesses, namely, Rishipal Singh, Premlata, Bheer Singh have supported the prosecution story and have stated in their statements that allegations made in the FIR are false in fact the wife of informant slipped in the bathroom due to which she received injuries and later on she died due to injuries. He further submits that prima facie no offence is made out against the applicants. The applicants are having no previous criminal history as has been mentioned in paragraph 25 of the affidavit.
this case, submissions of learned counsel for the parties as mentioned above, taking into consideration the role assigned to the applicants as per prosecution case, gravity and nature of accusation, this Court is of the view that no case for exercising its discretionary power under Section 438 Cr.P.C. is made out in favour of the applicants.
Order Date :- 27.10.2023 Ajeet
Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted to the applicants given the severity of the allegations and the gravity of the offence.
Whether the delay in lodging the FIR and absence of credible evidence against the applicants warrants granting bail.
1 provisions across 1 enactments
Kuldeep And Another
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
