Dismissed

Love @ Aditya Sharma v. State of U.P.

Allahabad HC23 Jun 2023ABAIL/6921/2023

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 Cr.P.C., the High Court of Allahabad rejected the applicant's plea. Considering the serious nature of grievous injuries, initial investigation stage where the accused is evading, and the apprehension of witness influence, the court held no ground for bail was made out.

What did the court decide?

Anticipatory bail application rejected as no ground for release on bail was made out.

Love @ Aditya Sharma Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC:128193

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Court No. - 48

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6921 of 2023

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Applicant :- Love @ Aditya Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant, Love @ Aditya Sharma, with a prayer to release him on anticipatory bail in Case Crime No.21 of 2023, under Sections 147, 148, 323, 324, 325, 307, 506, 34 I.P.C. registered at Police Station Hafijpur, District Hapur, during pendency of the trial.

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In brief, the prosecution case is that the son of informant namely Ovindra Singh @ Bhura had gone to the Sugar Centre to deliver the sugar, and when he was returning to his village, he was ambushed by the accused party and assaulted with lathi-danda with the intention to kill. On the basis of abovestated facts, an F.I.R. was registered against the accused.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to political rivalry. He further submits that no specific role has been assigned to the applicant in the F.I.R. He further submits that the applicant is a student and is studying in B.A. Part-II, and he has been falsely implicated into the present case to spoil his career. He further submits that the applicant has apprehension of his arrest by the police. If the applicant is released on anticipatory bail, he will not misuse the liberty and will co-operate in the trial.

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Per contra, learned A.G.A. has opposed the anticipatory bail application and has submitted that the injuries are serious in nature and the same has been inflicted on the vital parts of the injured. He has further submitted that the entire family of the informant was beaten by the accused persons. He has further submitted that the

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investigation is at initial stage and accused-applicant may influence the witnesses. He has further submitted that the accusedapplicant is not co-operating with the investigation.

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Be that as it may, having heard learned counsel for the parties and on perusal of the record, it transpires that the accused persons had brutely beaten the injured and as per medical report, the injured has sustained grievous injuries; the investigation is at initial stage and accused is evading investigation. Considering the aforesaid facts of the case and keeping in view the seriousness of the injuries sustained by the injured, this Court is not inclined to enlarge the accused-applicant on anticipatory bail. Therefore, no ground for anticipatory bail is made out against the applicant.

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Accordingly, the instant anticipatory bail application is, hereby, rejected.

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Order Date :- 23.6.2023 Anil K. Sharma

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Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Love @ Aditya Sharma v. State of U.P.

Case brief

What is this about?

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Love @ Aditya Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

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