The High Court rejected an anticipatory bail application filed by two applicants in a criminal case involving assault and voluntarily causing hurt. The court held that the applicants had evaded the law by failing to appear in court despite the filing of a charge-sheet.
Application for anticipatory bail rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12541 of 2022
Applicant :- Shyam Sundar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A.,Rajneesh Shukla
Hon'ble Mrs. Jyotsna Sharma,J.
i. that in this case the F.I.R. was registered on 30.10.2019. Charge-sheet against the applicants was submitted on 24.12.2019 under Sections 452, 323,504 and 506 I.P.C.
ii. that the applicants are yet to appear before the court concerned despite lapse of almost three years since then.
iii. It is argued that protection should not be granted where the conduct of the accused is apparently objectionable and they have been eluding the law.
case to grant benefit of anticipatory bail.
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.
Order Date :- 23.1.2023 Asha
Digitally signed by :- ASHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted to the applicants under Section 438 Cr.P.C. given the FIR allegations and their conduct.
Whether the applicants have been evading the law by failing to appear in court despite a charge-sheet.
1 provisions across 1 enactments
Shyam Sundar
Rakesh
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
