Sandeep Kumar Patel v. State of U.P. and Another
Case brief
What is this about?
The High Court of Judicature at Allahabad refused anticipatory bail under S. 438 Cr.P.C. to the applicant accused of assault and affray. The single judge rejected the plea as devoid of merits, citing the applicant's assigned role in the assault, previous criminal history issues, and failure to adequately address summoning orders.
What did the court decide?
Anticipatory bail application rejected; applicant held as not a fit case for bail.
What the court decided
Neutral Citation No. - 2023:AHC:210479
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12013 of 2023
Applicant :- Sandeep Kumar Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
- List has been revised.
- Heard Sri Kamlesh Kumar Singh, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.
- The present application for anticipatory bail has been filed for anticipatory bail in Case Crime No.04 of 2022, under Sections 323, 504, 506, 325, 308 I.P.C., Police StationChakarghatta, District Chandauli, during the pendency of trial.
- This is the second anticipatory bail application on behalf of the applicant. The first anticipatory bail application was rejected vide order 19.5.2022.
- As per prosecution story, the brother of the informant Sudama Maurya is stated to have gone to ease himself out on 29.1.2022 at about 07:00 a.m., whereby the applicant is stated to have exhorted the other co-accused persons to assault him as he was seated on wrong place. Subsequently, the applicant and other co-accused persons are stated to have assaulted the informant and his brother Sudama by lathi, danda, fawada and gandasi , thereby causing grievous injuries to them.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail given his role in the offence and lack of justification for criminal history.
Whether discrepancies in injury reports justify the grant of anticipatory bail.
Parties & counsel
- applicant
Sandeep Kumar Patel
Coram
Krishan Pahal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- ABAIL/12013/2023
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