Allowed

Nageshwar Patel Minor Thru Father Ranvijay Patel v. State of U.P.

Allahabad HC11 Mar 2024/3446/2021

Case brief

AI extract

What is this about?

Anticipatory bail application by a minor accused apprehending arrest in FIR No.088 of 2020 involving multiple offences, registered after villagers attacked police following the applicant's brother's burning alive. The State opposed but did not dispute facts. The court found a case for anticipatory bail and enlarged the applicant on bail with conditions.

What did the court decide?

Applicant directed to be enlarged on anticipatory bail on personal bond of Rs.25,000/- with two sureties of like amount, subject to conditions.

Nageshwar Patel Minor Thru Father Ranvijay Patel Vs… — Anticipatory Bail | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:21607

¶2

Court No. - 6

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3446 of 2021

¶4

Applicant :- Nageshwar Patel Minor Thru Father Ranvijay Patel

¶5

Opposite Party :- State of U.P. Counsel for Applicant :- Jai Narayan Mishra,Tejasvi Mishra Counsel for Opposite Party :- G.A.

¶6

Hon'ble Alok Mathur,J.

¶7

Heard learned counsel for the parties.

¶8

The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR No.088 of 2020 under Sections 147, 148, 149, 186, 188, 269, 352, 353, 332, 323, 336, 307, 504, 506, 435, 332 IPC, 7 Criminal Law Amendment Act, 22(1)(2) and (3) U.P. Pandemic Ordinance, 2020, 51(A) Pandemic Management Act, 2005, 3 Destruction of Public Property Act, Police Station Fatehpur, District Pratapgarh.

¶9

The brother of the accused-applicant was burnt alive on the date of incident allegedly by three accused and some other persons and that incident was subject matter of FIR No.0087 of 2020 which got registered on the complaint of the father of the of the accused-applicant. It appears that on receiving the information, police party went to the village and out of outrage, disgust and anger, the people misbehaved with the police party and also attacked. As per the education testimonials, the accused-applicant was minor on the date of incident. Entire family of the accused-applicant has been implicated for commission of the alleged offence.

¶10

4.This Court vide its order dated 19.3.2021 while granting time to the A.G.A. to file counter affidavit, had granted interim protection from arrest.

¶11

Counter affidavit has been filed by the State opposing grant of anticipatory bail to the applicant but could not dispute the aforesaid facts.

¶12

Considering the allegations in the FIR as well as facts and circumstances of the case a case for grant of anticipatory bail is made out. The application is accordingly allowed . The order of

¶13

this Court dated 19.3.2021 is affirmed.

¶14

In case of arrest, the applicant Nageshwar Patel is directed to be enlarged on anticipatory bail in above case crime number, on his furnishing a personal bond of Rs.25,000/- and two sureties each of like amount before the Station House Officer of Police Station/court concerned with the following conditions:-

¶15

(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;

¶16

(ii) That the accused-applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and

¶17

(iii) That the accused-applicant shall not leave India without the previous permission of the Court.

¶18

The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

¶19

(Alok Mathur, J.)

¶20

Order Date :- 11.3.2024

¶21

RKM.

¶22

Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Nageshwar Patel Minor Thru Father Ranvijay Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nageshwar Patel Minor Thru Father Ranvijay Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sharda Bux Singh Vs State of U.P. Thru Secy. Food U.P. Govt. Civil Sectt. and2 Ors.

Vinod Kumar Vs State of U.P Thru Secy Food and Civil Supply Lko and Ors.

Smt. Noor Jahan and Ors. Vs District Magistrate/Controlling Authority Bahraich and Ors.

Smt.Malti Devi Vs U.P. Cooperative Tribunal U.P. Lucknow and Others

Jagvender Singh and Anr. Vs Additional Commissioner Admin. Lucknow and 2 Ors.

State of U.P. Thru Collector Kheri Vs Additional Commissioner Judicial Faizabad and 3 Ors.