Dismissed

Suraj Pal v. State of U.P.and Another

Allahabad HC5 Jul 2023ABAIL/6424/2023

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an anticipatory bail application under Section 438 CrPC filed by Suraj Pal. The court noted the delayed filing despite a pending charge sheet and issued non-bailable warrant. Bail was denied, with two weeks granted to surrender.

What did the court decide?

Application dismissed; two weeks time granted to surrender and file bail application; trial court directed to decide bail application expeditiously.

Suraj Pal Vs State of U.P.and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:131868

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6424 of 2023

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Applicant :- Suraj Pal Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Abhay Raj Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant as well as the learned AGA and perused the material available on record.

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Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Suraj Pal in Case Crime No. 436 of 2018, under Sections 323, 308 IPC, P.S. Fareedpur, District Bareilly, during the pendency of investigation and trial.

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Perusal of record discloses that in the matter charge sheet has been submitted way back on 12.11.2018 and there is no explanation as to why the present application has been filed after long time. Moreover, NBW has also been issued against the applicant.

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Learned AGA appearing for the State submitted that applicant is not cooperating with the trial, therefore, not only non bailable warrant was issued but by now proceedings under Section 82/83 Cr.P.C. might have also been initiated against applicant, therefore, no case for anticipatory bail is made out.

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Number of arguments were advanced by learned counsel for the applicant to demonstrate the falsity of the accusation against the applicant by the informant.

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Having heard learned counsel for the applicant and upon perusal of material brought on record as well as complicity of accused, I do not find it a fit case for grant of anticipatory bail.

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Accordingly, this application has no force and is accordingly dismissed.

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However, two weeks time is granted to applicant to surrender before Trial Court and to move an application for bail. In case such an application is filed by applicant, Trial Court is directed to decide the same expeditiously considering the judgment passed by Supreme Court in Satender Kumar Antil Vs Central Bureau of Investigation and another, (2021) 10 SCC 773.

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Order Date :- 5.7.2023 RavindraKSingh

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Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad

Suraj Pal v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Suraj Pal v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

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