Ahmad Ali v. State of U.P. and Another
Case brief
What is this about?
Anticipatory bail application rejected. Court held that nature of offence, applicant's role, absence, and issuance of process under Section 82 Cr.P.C. indicate no reasonable grounds for granting bail.
What did the court decide?
Prayer for anticipatory bail refused; application rejected.
What the court decided
A compact analysis
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.
Neutral Citation No. - 2023:AHC:228758
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11595 of 2023
Applicant :- Ahmad Ali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vishal Agarwal Counsel for Opposite Party :- G.A.,Ashutosh Kumar Shukla
Hon'ble Nalin Kumar Srivastava,J.
- Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
- This application has been moved on behalf of the applicant Ahmad Ali seeking anticipatory bail in Case Crime No. 202 of 2022, under Sections 323, 504, 506, 325, 326 IPC, Police Station Sevarai, District Kushinagar.
- The prosecution story as culled out in the F.I.R. is that on the account of previous animosity, the present applicant along with other co-accused persons surrounded the informant/injured on road and on the exhortation of other co-accused persons, the present applicant with the aid of iron rod made an assault upon his neck but his right ear was amputated. The injured sustained grievous injuries in the incident and was referred to the hospital. An F.I.R. was lodged on 22.07.2022 and investigation started, which is still going on.
Issues for consideration
2 issues framed by the court
Whether the nature of offence and role attributed to the applicant justify the grant of anticipatory bail under Section 438 Cr.P.C.
Whether the applicant is a fit case for the issuance of anticipatory bail despite being an absconder and proclaimed offender.
Parties & counsel
- applicant
Ahmad Ali
- respondent
State Of U.P.
Coram
Nalin Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- ABAIL/11595/2023
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