Dismissed

Sona Alias Vinay Kumar Sharma v. State of U.P. and Another

Allahabad HC17 Jan 2023ABAIL/12384/2022

Case brief

AI extract

What is this about?

This is an order rejecting an anticipatory bail application filed by Sona Alias Vinay Kumar Sharma under Section 438 Cr.P.C. The court found the case not fit for the extraordinary remedy of anticipatory bail due to the serious nature of the allegations and the prosecution case, dismissing the application on 17.1.2023.

What did the court decide?

Anticipatory bail application rejected; observations made will not affect the trial Judge's independent opinion.

Sona Alias Vinay Kumar Sharma Vs State of U.P. and Another — Anticipatory Bail | 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. - 12384 of 2022 Applicant :- Sona Alias Vinay Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Pandey,Manoj Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Manoj Srivastava, learned counsel for the applicant, Sri O.P. Mishra, learned AGA for the State and perused the papers on record.

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The instant anticipatory bail application has been filed on behalf of the applicant Sona alias Vinay Kumar Sharma , with a prayer to release him on bail in case crime no. 438 of 2022 , under sections 306, 120B and 504 I.P.C., Police Station- Panki, District- Kanpur Nagar.

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As per prosecution case, son of informant Shivam was being harassed for quite some time by five accused persons named in the F.I.R.; they imputed allegation of committing theft against the deceased and were asking for payment of Rs. 30,000/-; they physically assaulted him and using foul words; they even abused the father of the deceased; because of continuing mental torture, he committed suicide. On the basis of this, an F.I.R. being case crime no. 438 of 2022, under Sections 306, 120-B and 504 I.P.C. was registered and is being investigated upon.

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It is contended on behalf of the applicant that he is innocent and that he never abeted commission of suicide by the deceased; the deceased was drunkard and used to pick up quarrels and that he never imputed any allegation of stealing of mobile etc.

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The application for anticipatory bail is opposed by the opposite side and it is contended that the applicant is named in the F.I.R.; Serious allegations have been imputed against him; the mother of the deceased has made direct allegations against him.

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I considered all the submissions, facts, circumstances and material before me, It may be kept in mind that anticipatory bail is an extraordinary remedy to be exercised in suitable cases only. The power under Section 438 Cr.P.C. 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 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 :- 17.1.2023/Gaurav

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

Sona Alias Vinay Kumar Sharma v. State of U.P. and Another

Case brief

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Sona Alias Vinay Kumar Sharma v. State of U.P. and Another

Case brief

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