Dismissed

Nankunna @ Shahid Ali and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC14 Aug 2024ABAIL/1807/2024

Case brief

AI extract

What is this about?

The court dismissed the anticipatory bail application filed by Nankunna and two others, finding complicity evident due to corroborated injury reports. The petition was dismissed as not pressed, with liberty to file a regular bail application within 15 days.

What did the court decide?

Dismissal of anticipatory bail application with liberty to file regular bail within 15 days.

Nankunna @ Shahid Ali and 2 Others vs State of U.P. Thru… — Bail and Remand | Allahabad HC (2024)

¶1

Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1807 of 2024 Applicant :- Nankunna @ Shahid Ali And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another

¶2

Counsel for Applicant :- Ashish Kumar Dubey Counsel for Opposite Party :- G.A.,Manoj Kumar Singh

¶3

Hon'ble Karunesh Singh Pawar,J.

¶4

The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 164/2023, under Sections 323/504/506/308/325 I.P.C., P.S. Matera, District Bahraich.

¶5

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶6

Learned counsel for the applicants submits that the applicants have been falsely implicated. No specific role has been assigned to any of the applicants. General role of assault has been leveled on four accused persons. Learned counsel for the applicants undertakes that the applicants shall cooperate in the trial.

¶7

Learned AGA on the other hand has opposed the bail application submitting that out of six injured persons, two have suffered grievous injuries; the applicants have not been falsely implicated; statements of the injured are corroborated by the injury report, hence, the anticipatory bail application is liable to be dismissed.

¶8

On due consideration to the statements of the injured witnesses as well as injury reports which are corroborated to the statements of the injured; complicity of the applicants is evident, I am not inclined to enlarge the applicant on anticipatory bail application.

¶9

At this stage, applicants' counsel submits that the present

¶10

application for anticipatory bail may be dismissed as not pressed with liberty to file a regular bail application which may be decided in view of law laid by Supreme Court passed in Special Leave to Appeal (Cri) No.5191 of 2021 "Satender Kumar Antil versus Central Bureau of Investigation and another".

¶11

In view of the above, present anticipatory bail application is dismissed as not pressed. It is provided that in case a regular bail application is filed within 15 days from the date of receipt of certified copy of this order, the same be decided in view of the law laid by by Supreme Court vide order dated 7.10.2021 passed in the case of Satender Kumar Antil (supra).

¶12

Order Date :- 14.8.2024 R.C.

¶13

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

Nankunna @ Shahid Ali and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

What did the court decide?

Nankunna @ Shahid Ali and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Apil Verma Vs State of U.P. Thru Prin Secy Home Lko and Another

Rana Anand Singh Vs State of U.P. Thru. Prin. Secy. Home Deptt. and 2 Others

Krishna Kumar Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Nankunna @ Shahid Ali and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko and Another

Arvind @ Arvind Tiwari and another Vs State of U.P. Thru. Prin. Secy. Home and another

A (Minor) Thru. Guardian/Father B - Juvenile Delinquent vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others