Dismissed

Subodh v. State of U.P. and Another

Allahabad HC13 Jan 2023ABAIL/12026/2022

Case brief

AI extract

What is this about?

Application for anticipatory bail under Section 438 Cr.P.C. was rejected. The Court noted that the prosecution had submitted a charge-sheet under Sections 307, 323, 324, 504, and 506 IPC following serious injuries sustained by the victim. Holding that anticipatory bail is an extraordinary remedy not to be granted routinely or as a substitute for regular bail, the Court found the facts against granting the plea, observing that the case made out against the applicant precluded the grant of such relief.

What did the court decide?

The application for anticipatory bail was rejected.

Subodh Vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 85

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12026 of 2022

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Applicant :- Subodh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Kumar Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Ram Badan Maurya

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Mahendra Kumar Yadav, learned counsel for the applicant and heard Sri O.P. Mishra, learned counsel for the State perused the papers on record.

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The present application has been moved seeking anticipatory bail in Case Crime no. 0031 of 2022, under Sections 307, 323, 324, 504, 506 I.P.C., Police Station- Bichhwan, District Mainpuri.

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As per prosecution case, the first informant Heera Lal was attacked by Subodh, Arvind, Pravendra who came armed with Lathi Danda and country-made pistol; they were using foul words and physically assaulted the informant Heera Lal; he sustained several injuries; they escaped leaving him in a nearly dead condition. His family members informed the police on Dial 112. The weapon of offence a country-made pistol was recovered from Pravendra; after investigation charge-sheet have been submitted against them under section 307, 323, 324, 504 and 506 I.P.C.

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It is contended on behalf of the applicant that he is absolutely innocent and has been falsely implicated on account of property dispute. It is also said that the F.I.R. gives an exaggerated version of the incident. No gun shot was ever fired by the accused persons. The injuries do not match with the weapon of offence used. As he is innocent, hence, his liberty must be protected by granting anticipatory bail.

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The application for anticipatory bail is opposed by the learned A.G.A. for the State submitting before me that after collection of evidence case was found to have been made out against the applicant and co-accused persons and a charge-sheet stands submitted under Sections 307, 323, 324, 504 and 506 I.P.C. It is contended that the injured person Heera Lal sustained 9 injuries some of them serious in nature. Five of them caused by a sharp edged weapon and in the region of skull of the informant. It is contended that in view of the serious nature of the injuries and the accusations, the applicant is not entitled for anticipatory bail.

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Prima facie it does not appear that the F.I.R. has been lodged against him with the purpose of bringing disgrace or cause humiliation to him by having him arrested in a mala fide manner. It may also be kept in mind that anticipatory bail is an extraordinary remedy to be exercised in suitable cases only. The power for good cannot be utilized in a routine manner as a substitute for regular bail. This discretionary power calls for existence of facts of the kind where the court is satisfied that its interference is necessary to further the cause of justice and to prevent misuse of process of law.

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In view of the facts and circumstances of the case I do not find it fit

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case to grant benefit of anticipatory bail.

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Hence the anticipatory bail application is rejected .

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09. It is made clear that observations made in rejecting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion at any stage of the case based on material before him.

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Order Date :- 13.1.2023 Gaurav/Asha

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Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad

Subodh v. State of U.P. and Another

Case brief

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Subodh v. State of U.P. and Another

Case brief

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