Dismissed

Bablu and Another v. State of U.P.

Allahabad HC11 Jan 2023ABAIL/12399/2022

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 Cr.P.C., the court rejected the plea of the applicants accused of assault. The judge held that the presence of injuries on both sides and a counter-complaint indicated the case was not solely for harassment, thus it was not a suitable fit for anticipatory bail.

What did the court decide?

Application for anticipatory bail was rejected. Future proceedings to be decided by the learned trial Judge independently.

Bablu and Another Vs State of U.P. — 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. - 12399 of 2022

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Applicant :- Bablu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Vishal Agarwal Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Vishal Agarwal, learned counsel for the applicants, Sri O.P. Mishra, learned AGA for the State and perused the papers on record.

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The present application has been moved on behalf of the applicants- Bablu and Rahul seeking anticipatory bail in Case Crime no. 0275 of 2022, under Sections 323, 504, 506, 325, 308 I.P.C., P.S. Sadabad, District Hathras.

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As per prosecution case, the present applicant-Bablu along with his companions namely Rahul, Yogesh and Sandeep came to Anil Kumar, the informant in the evening of 21.06.2022 using foul words; when he protested, all of them attacked him with 'laathi and danda' causing him grievous injuries; when his cousin-Pooja and his neighbor-Rakesh came to save him, they too were attacked; the informant sustained injuries on his head with massive bleeding.

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It is contended on behalf of the applicants that they have been falsely implicated in this case in retaliation; an N.C.R. was lodged by them against the informant's side alleging 'maarpeet' in which the applicants sustained several injuries; they have been falsely implicated by the informant and they are not the aggressors and their liberty needs to be protected by grant of anticipatory bail.

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The anticipatory bail application is opposed by the learned AGA for the State. Following facts have been put before me:-

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(i) An FIR from the side of the informant of the instant case and N.C.R. from the side of the applicant was lodged regarding the same incident and it is a matter of cross case.

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(ii) Injured had 5 injuries, 3 on head with massive bleeding, three persons were injured having sustained number of injuries.

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(iii) Both the sides have sustained injuries, therefore, it cannot be said that this F.I.R. has been lodged just to harass the applicants or to humiliate

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them by filing a false case.

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I considered the nature of accusation, including medical evidence and all attending facts and circumstance, It may 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 case to grant benefit of anticipatory bail.

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Hence the anticipatory bail application is rejected .

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9. It is made clear that observations made in rejecting anticipatory bail of the applicants 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 :- 11.1.2023 #Vikram/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Bablu and Another v. State of U.P.

Case brief

What is this about?

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Bablu and Another v. State of U.P.

Case brief

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