Dismissed

Bhasru Alias Nasru v. State of U.P. Thru. Prin. Secy. Home and Another

Allahabad HC10 Sept 2024ABAIL/2087/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an anticipatory bail application not pressed with liberty to file a regular bail application within ten days, relying on the Supreme Court judgment in Satender Kumar Antil.

What did the court decide?

Dismissal of anticipatory bail application with liberty to file regular bail application within ten days for upcoming decision.

Bhasru Alias Nasru vs State of U.P. Thru. Prin. Secy… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62572

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2087 of 2024 Applicant :- Bhasru Alias Nasru Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Himanshu Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for applicant as well as Shri Anshuman Verma learned Additional Government Advocate for State.

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The present application for anticipatory bail has been filed for protection in regard to F.I.R. No. 204/2021, under Sections 308/323/504/506/325 IPC, P.S. Kotwali Dehat, District Sitapur.

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Notices to respondent no. 2 are dispensed in view of the proposed order.

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Perusal of the record as well as medical report of the injured reveals that the injured has received two injuries, one is in the hand and other is a fracture in the temporal bone; after NCR, FIR has been lodged and Section 325 IPC has been added; the injured in his statement has corroborated the prosecution story; complicity of the applicant is evident; injuries are grievous; it cannot be said that the applicant has been falsely implicated, hence, no case for anticipatory bail is made out.

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At this stage, applicant's counsel submits that the present 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".

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Learned A.G.A. has no objection to the prayer of learned counsel for the applicant.

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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 ten 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).

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Order Date :- 10.9.2024 R.C.

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

Bhasru Alias Nasru v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

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Bhasru Alias Nasru v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

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