Dismissed

Arun Kumar Singh and Another v. the State of U.P. Thru. Prin.Secy. Deptt. of Home and Another

Allahabad HC2 Feb 2024ABAIL/178/2024

Case brief

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What is this about?

A bench dismissed an anticipatory bail application filed by two applicants in a case involving allegations of assault with weapons resulting in grievous injuries. The court rejected the plea citing serious medical injuries and the applicants' criminal history.

What did the court decide?

Anticipatory bail application of Arun Kumar Singh and Anurag Singh alias Prem Shanker Singh is rejected.

Arun Kumar Singh and Another vs the State of… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:12825

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 178 of 2024

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Applicant :- Arun Kumar Singh And Another Opposite Party :- The State Of U.P. Thru. Prin.Secy. Deptt. Of Home And Another Counsel for Applicant :- Vivek Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

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Learned A.G.A. informs that he has procured complete instructions in the matter, including upto date case diary, and investigation of this case is in progress.

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Supplementary affidavits dated 06.02.2024 and 12.02.2024, filed on behalf of the applicants, are taken on record.

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This application has been moved by the applicants- Arun Kumar Singh and Anurag Singh alias Prem Shanker Singh for grant of anticipatory bail in FIR/Case Crime No.0366 of 2023, under Sections 307, 324 and 506 IPC lodged at Police Station Motigarpur, District Sultanpur.

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Learned counsel for the applicants submits that it is a case of false implication and only on account of previous enmity a false case has been cooked up against the applicants. It is further submitted that criminal history of seven cases and six cases against each of the applicants has been adequately explained in the supplementary affidavits filed today. It is further submitted that the injuries, which have been allegedly sustained by the injured, are not sufficient to invoke section 307 IPC. The applicants are ready to cooperate in the investigation, thus, protection from arrest may be granted to the applicants during the course of investigation/trial.

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Learned A.G.A., on the other hand, submits that specific allegation of assault with lathi, danda and sharp-edged-weapons has been alleged against the applicants in the FIR as well as in the statement of prosecution witnesses and the medical injury report of the injured would sufficiently demonstrate that he has sustained many injuries on vital parts of his body, thus, the applicants are not entitled for any protection.

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Having heard learned counsel for the parties and having gone through the record, it is evident that in the FIR as well as in the statement of prosecution witnesses specific allegation of assault with lathi, danda and sharp-edged-weapons has been assigned to the instant applicants. The medical injury report of the injured placed on record as Annexure-2 to the bail application would reveal that he has sustained eleven injuries on vital parts of his body. Supplementary medical report is still awaited. The investigation is at crucial stage. Criminal history of seven cases and six cases is shown against applicant nos. 1 and 2 respectively. Thus, having regard to all the facts and circumstances of the case and the manner

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in which the injuries are shown to have been caused, I do not find any good ground on the basis of which the facility of anticipatory bail may be extended in favour of the applicants.

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In result, this anticipatory bail application of the applicants- Arun Kumar Singh and Anurag Singh alias Prem Shanker Singh is rejected.

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Order Date :- 13.2.2024 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Arun Kumar Singh and Another v. the State of U.P. Thru. Prin.Secy. Deptt. of Home and Another

Case brief

What is this about?

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Arun Kumar Singh and Another v. the State of U.P. Thru. Prin.Secy. Deptt. of Home and Another

Case brief

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