Vikash v. State of U.P.
Case brief
What is this about?
Application for anticipatory bail under Section 438 Cr.P.C. dismissed. Court noted two victims sustained injuries and the applicant faced charges including Section 149 IPC. Bail deemed to lack merit.
What did the court decide?
Anticipatory bail application dismissed; no liberty granted.
What the court decided
Neutral Citation No. - 2024:AHC:132827
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6797 of 2024
Applicant :- Vikash Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Singh Dahiya Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
- Heard learned counsel for the applicant and learned A.G.A. for the State.
- This application has been filed by applicant- Vikash for granting anticipatory bail in Case Crime No.84 of 2022, under Sections 147, 148, 149, 452, 323, 324, 325, 354(Ka), 308, 504, 506 I.P.C., Police Station Jewar, District Gautam Buddh Nagar.
- It is submitted by learned counsel for the applicant that as per allegation in the First Information Report, nominated accused persons who are nine in numbers have entered into the house of informant and thereafter have assaulted. It is submitted that the allegation against applicant apart from general assault is with regard to misbehaviour with daugter-in-law of informant. It is submitted that there are two injured, namely, Devendra and Ved Prakash. It is submitted that applicant has been falsely implicated in the case on the ground that applicant is relative of other co-accused. It is further submitted by learned counsel for the applicant that if the applicant is enlarged on anticipatory bail, he will not misuse the liberty and cooperate with the investigation. The applicant has apprehension of his arrest by the police any time.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail can be granted when the applicant is charged with assault and misbehaviour involving injuries and potential unlawful assembly.
Whether injuries sustained by victims and proceedings under Section 149 IPC negate the merits of an anticipatory bail application.
Parties & counsel
- applicant
Vikash
Coram
Vikram D. Chauhan
Dhirendra Tamang
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- ABAIL/6797/2024
All orders in this case
2 orders share this CNR
- Order 1 — this page · Vikram D Chauhan
- Order 2 · Vikram D Chauhan
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