Mahendra Kumar v. State of U.P.
Case brief
What is this about?
The High Court of Judicature at Allahabad disposed of an anticipatory bail application under S. 438 Cr.P.C. The court rejected the petition, considering the nature of the offence, the evidence collected by the Investigating Officer, and the role of the accused, holding that it was not a fit case for bail.
What did the court decide?
The application for anticipatory bail was rejected.
What the court decided
Neutral Citation No. - 2023:AHC:225878
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11462 of 2023
Applicant :- Mahendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kalyan Sundram Srivastava,Kamlakar Pal,Mahesh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
- Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
- This anticipatory bail application has been moved by the applicant – Mahendra Kumar seeking anticipatory bail in case crime no.220 of 2023 under Sections 147, 323, 504, 506, 395 IPC, Police Station Bhelupur, District Varanasi.
- A dacoity was committed with the informant by named accused Ajeet Mishra along with 10 to 12 miscreants, who snatched away Rs.1,40,00,000/- from the informant after beating, abusing and threatening him for life. On the next day, the informant came to know that the police has retrieved Rs.92,94,600/- as unclaimed money. F.I.R. was lodged on 5.6.2023 and investigation started, which is going on.
- It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. It is further submitted that the present applicant is a constable and was posted at P.S. Bhelupur. He was not the member of the police team, who has allegedly grabbed the recovered money. It is further submitted that earlier a Crl. Misc. Writ Petition No.11799 of 2023 was filed by the applicant along with other co-accused persons, which was dismissed by this Court vide order dated 31.7.2023 without giving any relief to the applicant. It is further submitted that in the said incident, the applicant was terminated from his service, but
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in a case involving 147, 323, 504, 506, and 395 IPC.
Whether the apprehension of arrest and denial of credible evidence justify the grant of anticipatory bail.
Parties & counsel
- applicant
Mahendra Kumar
Coram
Nalin Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- ABAIL/11462/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court