Banti Yadav v. State of U.P. and 2 Others
Case brief
What is this about?
The Court rejected an application for anticipatory bail under Section 438 Cr.P.C. regarding charges of affray and outraging modesty. The Court held that the FIR was not lodged in a mala fide manner and the case did not constitute a fit case for anticipatory bail, noting the applicant's criminal history.
What did the court decide?
Anticipatory bail under Section 438 Cr.P.C. was rejected; candidate shall abide by conditions if granted bail by trial court.
What the court decided
Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12819 of 2022
Applicant :- Banti Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajay Kumar Mishra,Shashank Pathak Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
- Heard Sri Ramesh Kr. Ojha, Advocate holding brief of Sri Ajay Kr. Mishra, learned counsel for the applicant and Sri Chhabi Pal Singh, learned AGA for the State and perused the papers on record.
- The present application has been moved seeking anticipatory bail in Case Crime No. 582 of 2022, u/s 147, 148, 323, 504, 506 I.P.C. and 7 Criminal Law Amendment Act, P.S. Sadar Bazar, District Agra.
- As per prosecution case, the present applicant with seven other named accused persons were raising a ruckus, indulging in a foul language and physical assault on each other over some issue. When the Police intervened, they escaped extending threats to life. They also indulged in stone pelting, creating an atmosphere of terror in the locality.
- It is contended on behalf of the applicant that he has been falsely named in the F.I.R. on account of village politics and that he is innocent and shall abide by the conditions imposed by the Court. On the issue of criminal history, it is pointed out that in all the 9 cases, registered against him, he is on bail and in additional two cases, he has filed anticipatory bail applications.
Issues for consideration
1 issue framed by the court
Whether the facts and circumstances warrant the grant of anticipatory bail under Section 438 Cr.P.C.
Parties & counsel
- applicant
Banti Yadav
- respondent
State Of U.P.
Coram
Jyotsna Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- ABAIL/12819/2022
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