Court rejected an anticipatory bail application under Section 438 Cr.P.C. filed by Israr in a matrimonial dispute case involving allegations of dowry harassment and assault. The court held the arguments raised pertained to regular bail and the application lacked merits.
Anticipatory bail application rejected as devoid of merits.
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Neutral Citation No. - 2023:AHC:224248
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12560 of 2023
Applicant :- Israr Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tomar Counsel for Opposite Party :- G.A.,Amar Jeet Upadhyay
Hon'ble Krishan Pahal,J.
play. The victim might have sustained injuries elsewhere and was thus present at brick-kiln, as such the present story has been cooked up just to harass the applicant and other family members. The investigation is going on and there are no criminal antecedents of the applicant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.
Order Date :- 28.11.2023 Ravi Kant
(Krishan Pahal, J.)
Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is fit for the grant of anticipatory bail under Section 438 Cr.P.C. given the prosecution story alleging cruelty and assault by the applicant.
Whether the applications submitted by the applicant regarding false implication are appropriate for consideration at the stage of anticipatory bail.
4 provisions across 4 enactments
Israr
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
