Ramkumar v. State of U.P.
Case brief
What is this about?
This court allowed an anticipatory bail application under Section 438 CrPC filed by Ramkumar in an attempt to murder case under Section 307 IPC, citing Sushila Aggarwal to establish entitlement to bail.
What did the court decide?
Bail granted until conclusion of trial on furnishing personal bond with two sureties subject to specific conditions.
What the court decided
Neutral Citation No. - 2023:AHC:121127
Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11964 of 2022
Applicant :- Ramkumar Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
- Heard Sri Prem Chandra Dwivedi, learned counsel for the applicant and Sri Rohit Dubey, learned A.G.A. for the State and also perused the record.
- The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 112 of 2022, under Section 307 of IPC, Police Station Fatehabad, District Agra, with a prayer to enlarge him on anticipatory bail.
- As per prosecution story, the applicant is stated to have fired at his father over an altercation of property dispute entered into between them. The father of the applicant was saved by his grand-son.
- Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has apprehension of his arrest. He has nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that no injury was sustained by the informant as such the allegations are false. There is a trivial dispute between the parties. The applicant was granted interim protection by this Court vide order dated 30.01.2023 and he has not misused the liberty granted to him.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant under Section 438 CrPC in an attempt to murder case.
Whether the applicant has apprehension of arrest and bona fides are established to grant bail.
Parties & counsel
- applicant
Ramkumar
- respondent
State of U.P.
Coram
Krishan Pahal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- ABAIL/11964/2022
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