Sharafat v. State of U.P. and Another
Case brief
What is this about?
In an anticipatory bail application under Section 438 Cr.P.C. involving allegations of attack on police, the High Court of Judicature at Allahabad rejected the plea, directing the applicant to surrender and seek regular bail, finding no case made out for anticipatory bail.
What did the court decide?
Application rejected; applicant directed to surrender and apply for bail before Court below.
What the court decided
Neutral Citation No. - 2024:AHC:136722
Court No. - 9
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8315 of 2024
Applicant :- Sharafat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rohit Ranjan Agarwal,J.
- This is an anticipatory bail application filed under Section 438 of Criminal Procedure Code (hereinafter called as "Cr.P.C.) before this Court seeking anticipatory bail in Case Crime No.162 of 2024 under Sections 332, 336, 353, 186, 307, 225, 225-B, 147, 148, 149, IPC and Section 7 Criminal Law Amendment Act, Police Station Hayat Nagar, District Sambhal.
- The applicant is named in the First Information Report registered as Case Crime No.162 of 2024. The according to counsel for the applicant, the other co-accused has already been enlarged on bail and the applicant has sustained several injuries. According to him, he is not involved in the instant case. He further contends that the applicant has no criminal history and should be granted anticipatory bail.
- Learned A.G.A. opposed the anticipatory bail application of the applicant and submitted that it is a case of attack on police party and the first information report has been lodged against number of persons as the police has gone to arrest a gangster.
Issues for consideration
1 issue framed by the court
Whether anticipatory bail be granted to the applicant who is named in FIR alleging attack on police party.
Parties & counsel
- applicant
Sharafat
Coram
Rohit Ranjan Agarwal
Kushal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- ABAIL/8315/2024
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