Disposed

Ram Jatan @ Koli and Another v. State of U.P.

Allahabad HC20 Jan 2023ABAIL/7657/2022

Case brief

AI extract

What is this about?

The High Court disposed of an anticipatory bail application filed during the pendency of trial in a domestic assault case. Referring to Satender Kumar Antil, the Court held it is not proper to grant bail when injuries are alleged but facts remain to be ascertained, directing applicants to move regular bail.

What did the court decide?

Anticipatory bail application disposed of by directing applicants to move regular bail before the trial court.

Ram Jatan @ Koli and Another Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7657 of 2022

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Applicant :- Ram Jatan @ Koli And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Pandey,Prashant Pandey Counsel for Opposite Party :- G.A.,Akash Kumar Nishad,Chandan Singh

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicants as well as learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.256 of 2022, under sections 308, 323, 452, 504 I.P.C., Police Station Pipraich, District Gorakhpur, during the pendency of trial.

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Facts in brief are that on 08.06.2022 at about 7:00 P.M. in the night during the course of marriage, there was dispute between the informant and the applicants in which assault was made by applicants causing injuries to informant side regarding which an F.I.R. was lodged u/s 308, 323, 452, 504 I.P.C.

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It is submitted that in this case no any grievous injury was caused by these applicants to the husband of the informant. No offence u/s 308 I.P.C. is made out but the injuries are simple in nature. The injury in the nature of fracture was found on the person of the injured though it was as a result of falling on the ground. Lastly, it is submitted that matter is under investigation, therefore, applicants are under apprehension of imminent arrest. In case, the applicants are released on bail, they will not misuse the liberty of bail and will cooperate with the investigation.

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Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer for anticipatory bail and urged that in this case all the offences said to have been committed by the applicants are punishable with sentence less than 7 years so there is no any apprehension of arrest of the applicants by the police.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and perusal of record, it appears that in this case injuries in grievous nature are said to be caused by these applicants to the husband of the

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informant. In such a situation, there is no ground to grant any indulgence in favour of these applicants.

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However, if applicants appear and move bail application before the learned court concerned, the same shall be decided as expeditiously as possible in the light of law as laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2021 SC 550.

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Accordingly, this anticipatory bail application is disposed of finally.

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Order Date :- 20.1.2023 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

Ram Jatan @ Koli and Another v. State of U.P.

Case brief

What is this about?

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Ram Jatan @ Koli and Another v. State of U.P.

Case brief

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