Mohd. Imran @ Guddu v. State of U.P.
Case brief
What is this about?
An applicant sought anticipatory bail in an FIR involving threat, assault, and property damage. He argued an alibi but had previously been granted bail after filing of the report and then absconded, leading to a proclamation order. The court rejected the application due to the applicant's conduct and issued directions to consider bail if he surrenders within two weeks.
What did the court decide?
Application for anticipatory bail rejected. Direction to consider bail application within two weeks if applicant surrenders.
What the court decided
1
Neutral Citation No. - 2023:AHC:217411
Reserved
Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5340 of 2023 Applicant :- Mohd. Imran @ Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Sarwar Ali Siddique Counsel for Opposite Party :- G.A.,Chandra Kant Bharadwaj,Ratnendu Kumar Singh
Hon'ble Raj Beer Singh,J.
- Heard Sri Anil Tiwari, learned Senior Advocate, assisted by Sri Sarwar Ali Siddique, learned counsel for the applicant, Sri Ratnendu Kumar Singh, holding brief of Sri Chandra Kant Bharadwaj, learned counsel for the informant, Sri Manish Goyal, learned Additional Advocate General, assisted by Sri A.K. Sand, learned AGA for the State.
- The present application has been moved seeking anticipatory bail in Case Crime no. 732 of 2021, under Sections 147, 148, 149, 323, 386, 504, 506, 307, 308, 427 I.P.C., Police Station Kareli, District Prayagraj with the prayer that in the event of arrest, applicant may be released on bail.
- According to prosecution version, on 31.12.2021 at 03:45 PM the accused persons, including applicant and 15 unknown persons, came in three vehicles at the house of informant. Co-accused Ali put pistol at the temple of informant and asked him to talk with his father and when informant refused, accused persons threatened to kill the informant and demanded ransom of Rs. 5 crores or to transfer his land, situated at Ainuddinpur, in favour of mother of co-accused Ali. On resistance of informant, all the accused persons, including applicant and said unknown persons, have assaulted the informant and his relatives, namely, Gufran, Fahad and Ali Jafar with rifle, pistol and etc. Resultantly, they sustained injuries and they were sent to hospital. It was further alleged that the accused persons have demolished the office of the informant by Joseph Cyril Bramford ( JCB) and that co-accused Ali and Ashad did firing pointing at informant, however, the informant
Issues for consideration
3 issues framed by the court
Whether anticipatory bail can be granted when the applicant was granted bail pending first information report and absconded after filing of charge sheet.
Whether the application for anticipatory bail is maintainable when the process under Section 82 Cr.P.C. was executed against the applicant.
Whether any case for anticipatory bail is made out in light of the applicant's conduct of absconding after the charge-sheet was filed.
Parties & counsel
- applicant
Mohd. Imran @ Guddu
- respondent
State of U.P.
Coram
Raj Beer Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- ABAIL/5340/2023
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