Sudheer Kumar v. State of U.P.

Neutral Citation No. - 2023:AHC:226631

Court No. - 73

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12171 of 2023

Applicant :- Sudheer Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.,Balram Singh

Hon'ble Nalin Kumar Srivastava,J.

1. This application has been moved on behalf of the applicant - Sudheer Kumar seeking anticipatory bail in Case Crime No.118 of 2023, under Sections 147, 148, 149, 307, 394 IPC, Police Station Ughaiti, District Budaun.

1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record.

1. As per F.I.R. of the case, the named accused persons made an assault upon the father of the informant by use of firearm, who sustained serious injuries. F.I.R. was lodged on 29.6.2023 and investigation started, which is going on.

1. It has been argued by the learned counsel for the applicant that applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against them. He has been falsely implicated in this matter. Allegations levelled against the applicant are false. It is further submitted that no specific role of firing has been assigned to the applicant in the F.I.R. itself and the injured himself has stated in his statement u/s 161 Cr.P.C. that he could not see as to who were the assailants. Earlier, an F.I.R. bearing case crime no.103 of 2023 under sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act was lodged against the present applicant by his wife, who happens to be the sister of the informant. In consequence of the aforesaid false F.I.R., present F.I.R. has been lodged against the applicant by falsely implicating him. It is further submitted that the applicant has no criminal antecedents to this credit. He has been cooperative with the investigation so far. The injuries sustained by the injured are simple in nature and as such the applicant is entitled for anticipatory bail.