Bachhu Singh Vs State of U.P. and Another

Court No. - 80

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12463 of 2022

Applicant :- Bachhu Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Supplementary affidavit filed today by learned counsel for applicant is taken on record.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 267 of 2022, under sections 147, 148, 323, 504, 506, 336, 307 IPC and 7 Criminal Law Amendment Act, Police Station- Dauki, DistrictAgra.

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Facts in brief are that on 11.6.2022 at about 6 a.m. Dushyant @ Lalu molested the daughter of Rakesh, brother of this applicant and also passed obscene comments. The daughter narrated the incident to Rakesh and this applicant on which these persons went to the house of Dushyant @ Lalu to make complaint where Dushyant @ Lalu, Shailendra @ Pappu, Arvind @ Banti, Pradeep, Lavkush and Bhanu @ Kuldeep abused them with threatening. At about 7 a.m. those persons equipped with licensee rifle, countrymade pistol, iron rod, lathi-danda went to the house of this applicant and Rakesh by entering from roof top and caused injuries to them in which present applicant Bachchu sustained fire arm injuries with other persons regarding which F.I.R. was lodged as Crime No. 124 of 2022 on the same day at the police station. After five months on 1.11.2022 at about 7.20 p.m. applicant and other persons from his side and several persons from opposite side again started fighting in which injuries were caused to the persons of both the sides. Police force came there and found both the parties while making assault on one another. As a result the present F.I.R. was lodged as Crime No. 267 of 2022 against the persons from both sides by the police itself.

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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in this case. In this case, injuries caused to the persons of both the sides are simple

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in nature and no offence under Section 307 IPC is made out with the nature of injuries, though the case has been registered under Section 307 IPC by the police. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned AGA has opposed the prayer for anticipatory bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for parties and the fact that in this case, F.I.R. was lodged by the police itself against the persons from both the sides for committing marpeet against one another and persons from both sides are accused persons in the same F.I.R., injuries have also been caused to both the sides, therefore, the applicant is entitled to be released on anticipatory bail .

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Let the applicant- Bachhu Singh shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned/ S.H.O. in case of arrest.

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In case, applicant does not cooperate with trial, this order shall be deemed to be automatically vacated or cancelled.

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Order Date :- 10.1.2023 A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Bachhu Singh v. State of U.P. and Another

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Bachhu Singh v. State of U.P. and Another

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