In a criminal miscellaneous anticipatory bail application, the Allahabad High Court (Lucknow Bench) rejected the plea after finding the circuitous criminal history significant despite claims of false implication.
The anticipatory bail application was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:65547
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2178 of 2024 Applicant :- Mohd. Rizwan
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko
Counsel for Applicant :- Jay Krishna Shukla Counsel for Opposite Party :- G.A.,Hemant Tripathi
Hon'ble Karunesh Singh Pawar,J.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 150/2024, under Sections 147/148/307/323/504/506/120B I.P.C., P.S. Jethwara, District Pratapgarh.
Heard learned counsel for the applicant, learned AGA for the State as well as Shri Hemant Tripathi, learned Advocate who has filed vakalatnama on behalf of the complainant.
Learned counsel for the applicant submits that the applicant has been falsely implicated. Admittedly the applicant is not alleged to have assaulted the victim. Due to the election rivalry, his name has been taken by the injured alleging conspiracy by him.
Learned counsel for the complainant as well as learned counsel AGA has opposed the bail application submitting that the applicant is a repeated offender of the offence under section 307 IPC as he has eight cases of criminal history.
It has been submitted by the learned counsel for the applicant that out of 8 cases, two cases i.e. case crime Nos. 173/2009 and 651/2011 have been decided in Lok Adalat, in case crime No. 467/2010, he has been acquitted and in case crime No. 226/2020, he has been exonerated by the investigating officer. Out of the remaining four cases, in two cases i.e. case crime Nos. 63/2014 and 64/2014, he is on bail, he has no knowledge
of case crime No. 200/2024 and case crime No. 150/2024 is the present one.
On due consideration to the injury report as well as statement of the injured, so also the repeated criminal history of the applicant particularly of 307 IPC, it does not appear to be a case of false implicated. Offence is grievous in nature.
Accordingly, the anticipatory bail application of the applicant is rejected .
Order Date :- 21.9.2024 R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is eligible for anticipatory bail in an offence under Sections 147/148/307/323/504/506/120B I.P.C. given his repeated criminal history.
Whether the applicant has been falsely implicated due to election rivalry.
1 provisions across 1 enactments
Mohd. Rizwan
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
