Dismissed

Danish and Another v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. and Another

Allahabad HC4 Jun 2024ABAIL/1284/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in a case of assault under Sections 323, 452, 504 IPC. The court noted four persons suffered injuries and two co-accused were earlier refused anticipatory bail, found no reason to exercise discretion differently, rejected the application, and permitted the applicants to seek regular bail.

What did the court decide?

Anticipatory bail application rejected; liberty to seek regular bail before the trial court without prejudice.

Danish and Another vs State of U.P. Thru. Prin. Secy… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:49755

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Court No. - 31

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1284 of 2024

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Applicant :- Danish And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Another

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Counsel for Applicant :- Pradeep Kumar Yadav,Vijay Pal Verma Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Pradeep Kumar Yadav, the learned counsel for the applicant as well as Sri Punit Kumar Yadav, the learned counsel appearing on behalf of the State and perused the records.

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The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. No.64 of 2021, under Sections 323, 452, 504 I.P.C., registered at Police Station Bewana, District Ambedkar Nagar.

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Initially a non-cognizable report was lodged on 12.05.2021 stating that four named accused persons had beaten up the informant and when one Masood Ahmad tried to save him he was also beaten up. Later on an F.I.R. was lodged on the same set of facts on 12.06.2021 against four persons.

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In the affidavit filed in support of the application for anticipatory bail it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history. Four persons have received injuries in the incident.

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Criminal Misc. Anticipatory Bail Application No.1304 of 2024 has been filed by the other two co-accused persons was disposed of by this court by means of an order dated 06.06.2024 by observing that they may file an application for grant of bail which shall be considered and decided in accordance with law, including the law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil v. C.B.I., (2022) 10 SCC 51 .

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Four persons have suffered injuries in the incident and two coaccused persons who had approached this court seeking anticipatory bail have not been granted the same, this court finds no reason for exercising its discretion in favour of the applicants by granting them anticipatory bail.

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Accordingly, the anticipatory bail application is rejected .

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In case the applicants appear before the learned trial court and seek their release on bail, their bail application shall be considered in accordance with law, including the law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil v. C.B.I. (supra) without being prejudiced by this order.

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(Subhash Vidyarthi, J.)

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Order Date :- 23.7.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Danish and Another v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. and Another

Case brief

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Danish and Another v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. and Another

Case brief

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