Dismissed

Balram v. State of U.P. and Another

Allahabad HC6 Nov 2024ABAIL/10707/2024

Case brief

AI extract

What is this about?

Chittorgarh HC rejected an anticipatory bail application by Balram, who was sought to be granted bail in a case involving Sections 376D, 504, and 506 IPC. The High Court held that his conduct of absconding and evading investigation, evidenced by a non-bailable warrant, disqualified him from relief.

What did the court decide?

Application rejected; applicant not entitled to enlarge on anticipatory bail.

Balram vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:173870

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10707 of 2024

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Applicant :- Balram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Copy of the relevant extract of the case diary as well as non-bailable warrant dated 16.08.2023 issued by the concerned court produced by learned A.G.A. is taken on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 58 of 2023, under Sections 376D, 504, 506 I.P.C., Police Station Nayagaon, District Etah.

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At the outset Sri Neeraj Kumar Sharma, learned AGA, has raised a preliminary objection that the applicant is not cooperating in the investigation. He is absconding and evading the process of law. Non-bailable warrant has been issued against the applicant on 16.08.2023. On that ground, he submits that the applicant is not entitled to be enlarged on anticipatory bail.

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Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party no.1, and perused the record.

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The relevant extract of case diary shows that the applicant is not cooperating in the investigation. Consequently, non-bailable warrant has been issued against him on 16.08.2023. Criminal Misc. Writ Petition No. 10469 of 2023, Santosh Kumar and another v. State of U.P. and others, filed by the applicant was dismissed by this Court vide order dated 10.07.2023. The applicant is well aware of the pending proceedings. The issuance of coercive measures against the applicant by the concerned court has also not been disputed by the counsel for the applicant.

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In view, thereof, such conduct of the applicant does not entitle him for grant of anticipatory bail.

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Accordingly, the application is hereby rejected.

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Order Date :- 6.11.2024 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Balram v. State of U.P. and Another

Case brief

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Balram v. State of U.P. and Another

Case brief

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