Dismissed

Ashish Patel v. State of U.P.

Allahabad HC1 Jun 2023ABAIL/2891/2023

Case brief

AI extract

What is this about?

The court rejected an anticipatory bail application filed by Ashish Patel in a case involving injuries and assault. The applicant was found to be absconding after a warrant was issued, making him ineligible for bail under Supreme Court precedents.

What did the court decide?

Application for anticipatory bail under Section 438 Cr.P.C. was rejected; applicant is not entitled to release on bail.

Ashish Patel Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:123101

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Court No. - 74

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2891 of 2023

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Applicant :- Ashish Patel Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Lal,Abhilasha Singh,Ashutosh Yadav

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Counsel for Opposite Party :- G.A.,Amarjeet Singh

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State.

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This anticipatory bail application has been moved seeking bail in Case Crime No. 98 of 2021, under Sections 147, 323, 325, 308, 504, 506 of IPC, Police Station Chitaipur, District Varanasi during the pendency of trial.

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It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is submitted that applicant is not named in the FIR. The name of the applicant was disclosed by the complainant in his statement under Section 161 Cr.P.C. It is also submitted that a cross case was also registered numbered as Case Crime No.99/2021 by Surendra Pratap Singh, who is a family member against the informant and the witnesses of this case mentioning the incident dated 19.12.2021. It is submitted that in the cross case two persons sustained injury and applicant has apprehension that he may be arrested during investigation. It is submitted that charge sheet has been filed against the applicant. It is submitted that applicant has no criminal history to his credit and that in case, he is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation.

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Per-contra, learned A.G.A. has opposed the application for anticipatory bail and argued that six persons sustained injuries from the respondent side while Krishna Prasad admitted to the hospital and remained for treatment for a long period and his bones were found to be fractured. Other injured persons also sustained injuries and the charge sheet has been submitted. It is submitted that co-accused Kuldeep @ Golu has also applied for anticipatory

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bail but his prayer has already been rejected. The applicant is absconding and process of Section 82 and 83 Cr.P.C. is issued against him.

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I have heard learned counsel for the parties and perused the record.

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In Lavesh Vs. State (NCT of Delhi), (2012) 8 SCC 730 , the Hon'ble Apex Court has observed that:-

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"From these materials and information, it is clear that the present appellant was not available for interrogation and investigation and declared as "absconder". Normally, when the accused is "absconding" and declared as a "proclaimed offender", there is no question of granting anticipatory bail. We reiterate that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code is not entitled the relief of anticipatory bail. "

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Considering the submissions of the learned counsel for the parties and all attending facts and circumstances of the case, taking into consideration the gravity of the offence and also considering the dictum of Apex Court in the case of Lavesh Vs. State (NCT of Delhi) (supra), without expressing any opinion on merit of the case, applicant is not entitled to be released on anticipatory bail in this case. The anticipatory bail application is rejected.

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Order Date :- 1.6.2023 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Ashish Patel v. State of U.P.

Case brief

What is this about?

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Ashish Patel v. State of U.P.

Case brief

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