Dismissed

Mohd. Rizwan v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko

Allahabad HC21 Sept 2024ABAIL/2178/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 Cr.P.C. in FIR under Sections 307 and other IPC offences arising from alleged election rivalry. Considering the injury report, statement of the injured and the applicant's repeated criminal history including prior 307 cases, the court found no false implication and rejected the bail application.

What the court decided

AI extract

Mohd. Rizwan vs State of U.P. Thru. Addl. Chief Secy… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:65547

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2178 of 2024 Applicant :- Mohd. Rizwan

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Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko

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Counsel for Applicant :- Jay Krishna Shukla Counsel for Opposite Party :- G.A.,Hemant Tripathi

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Hon'ble Karunesh Singh Pawar,J.

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The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 150/2024, under Sections 147/148/307/323/504/506/120B I.P.C., P.S. Jethwara, District Pratapgarh.

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Heard learned counsel for the applicant, learned AGA for the State as well as Shri Hemant Tripathi, learned Advocate who has filed vakalatnama on behalf of the complainant.

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Learned counsel for the applicant submits that the applicant has been falsely implicated. Admittedly the applicant is not alleged to have assaulted the victim. Due to the election rivalry, his name has been taken by the injured alleging conspiracy by him.

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Learned counsel for the complainant as well as learned counsel AGA has opposed the bail application submitting that the applicant is a repeated offender of the offence under section 307 IPC as he has eight cases of criminal history.

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It has been submitted by the learned counsel for the applicant that out of 8 cases, two cases i.e. case crime Nos. 173/2009 and 651/2011 have been decided in Lok Adalat, in case crime No. 467/2010, he has been acquitted and in case crime No. 226/2020, he has been exonerated by the investigating officer. Out of the remaining four cases, in two cases i.e. case crime Nos. 63/2014 and 64/2014, he is on bail, he has no knowledge

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of case crime No. 200/2024 and case crime No. 150/2024 is the present one.

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On due consideration to the injury report as well as statement of the injured, so also the repeated criminal history of the applicant particularly of 307 IPC, it does not appear to be a case of false implicated. Offence is grievous in nature.

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Accordingly, the anticipatory bail application of the applicant is rejected .

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Order Date :- 21.9.2024 R.C.

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

Mohd. Rizwan v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko

Case brief

What is this about?

What the court decided

Mohd. Rizwan v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko

Case brief

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What the court decided

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