Dismissed

Varun Dixit v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Allahabad HC6 Jun 2024ABAIL/1305/2024

Case brief

AI extract

What is this about?

In an anticipatory bail application, the High Court refused protection from arrest. The court noted victim injuries and video evidence of fleeing miscreants, directing the applicant to file a regular bail application before the sessions court for expedited consideration.

What did the court decide?

Anticipatory bail application rejected; applicant directed to file regular bail application for expedited disposal.

Varun Dixit vs State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:42632

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Court No. - 11

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1305 of 2024

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Applicant :- Varun Dixit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Sudhir Kumar Srivastava,Pal Singh Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Shri Pal Singh Yadav, learned counsel has appeared through virtual mode and stated that he may be discharged from his responsibility as counsel for the applicant.

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His request is accepted and Shri Pal Singh Yadav is discharged from his responsibility as counsel of the applicant.

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Heard Shri Anurag Verma, learned A.G.A.-I for the State and perused the record.

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By means of the instant anticipatory bail application, applicant - Varun Dixit is seeking anticipatory bail in Case Crime No.0551 of 2023, under Sections 147, 148, 323, 504, 506, 308 I.P.C., Police Station Chinhat, District Lucknow during pendency of investigation and trial of the case as he is apprehending arrest in the above-mentioned case.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.12.2023 against Suraj and other bike born miscreants alleging that due to a petty dispute, the accused persons have beaten the informant's son at about 02:00pm on 26.12.2023 causing injuries on the head of the informant's son, due to which he fell unconscious.

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The medico-legal examination report of the informant's son mentions three injuries suffered from him including the injury on the head.

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Learned A.G.A. has opposed the bail application and he has submitted that two co-accused persons have been granted bail in the present case by the sessions court and, therefore, the applicant should also file an application for his release on bail before the sessions court.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that victim has suffered injuries in the incident and it is written in the F.I.R. that miscreants running away from the place of occurrence were captured in a video prepared by the victim's friend, this Court is not inclined to grant protection from arrest.

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Therefore, instant anticipatory bail application is rejected .

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However, in case the applicant appears and files an application for his release on bail, the same shall be considered and decided expeditiously in accordance with law, including the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. C.B.I., (2021) 10 SCC 773 .

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[ Subhash Vidyarthi,J.]

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Order Date :- 6.6.2024 Anupam S/-

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

Varun Dixit v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Case brief

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Varun Dixit v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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