A second anticipatory bail application dismissed. The court held that the gravity of the charges, serious injuries caused, и serious allegations, do not meet the threshold for exercising discretion under Section 438 Cr.P.C. Application rejected for want of merit.
None. Application for anticipatory bail under Section 438 Cr.P.C. dismissed.
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Neutral Citation No. - 2023:AHC:175298
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8511 of 2023
Applicant :- Ashok Kumar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Shukla,Babita Shukla Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
"List revised. None appeared for the applicant even in the revised call though name of Mrs. Babita Shukla is shown as learned counsel for the applicant and other name is of Mr Ram Prakash Shukla who has sent his illness slip. Learned A.G.A. for the State is present.
In this application first order was passed on 2.11.2022 since then case was listed for several times but hearing was adjourned by this or that way. Even on the previous date illness slip was sent by the learned counsel for the applicant and last opportunity was granted even though learned counsel for the applicant Mrs. Babita Shukla has also not appeared. It appears that learned counsel for the applicant is not interested in making argument and not want to press this anticipatory bail application.
Accordingly, this anticipatory bail application is dismissed for want of prosecution."
have beaten three sons of informant, namely, Praveen, Prashant and Amit Kumar Mishr, as a result of which, they sustained grievous injuries and became unconscious due to the injuries sustained. It is further alleged that another co-accused Diwakar Upadhyay and Ratnakar Upadhyay @ Guddu opened fire upon the injured by their licency revolver. It is further alleged that the injured were taken to trauma centre for their treatment.
to the injures, they were admitted in the hospital. He further submits that the injured have fully supported the prosecution story and have also stated in their statement under Section 161 Cr.P.C. that the applicant and other co-accused persons armed with Lathi, Danda, Hocky, Iron Rod have badly beaten them, as a result of which, they have received grievous injuries. As per injury report of injured Amit Mishra, one fracture has been found in his right ulna whereas as per injury report of second injured namely, Praveen Mishra, fracture at the proximal end of right ulna has been found. As per injury report of third injured, namely, Prashant Mishra, fracture of head of left fibula and fracture at leteral epicondyle of left humerus have been found. He further submits that the allegations are very serious and keeping in view the seriousness of the allegations made against the applicant, applicant is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
8 In the light of above, looking to the facts and circumstances of this case, submissions of learned counsel for the parties as mentioned above, taking into consideration the role assigned to the applicant as per prosecution case, gravity and nature of accusation, this Court is of the view that no case for exercising its discretionary power under Section 438 Cr.P.C. is made out in favour of applicant.
Order Date :- 5.9.2023 Ajeet
Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant in a case involving serious offences including attempts to murder and grievous hurt.
Whether the apprehension of arrest by the applicant is based on material on record.
1 provisions across 1 enactments
Ashok Kumar Mishra
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
