Dismissed¶13

Amar Pal v. State of U.P. and Another

Allahabad HC5 Feb 2025ABAIL/148/2025

Case brief

AI extract

What is this about?

Allahabad HC anticipatory bail REJECTED | S.438 CrPC | Case Crime No. 0141 of 2024 | IPC Sections 354, 354ka, 354kha, 323, 504, 506, 316 | P.S. Fatehganj Purvi, District Bareilly | FIR registered via S.156(3) application; six-month delay; counterblast claim by applicant | FIR corroborated by medical examination report and witness statements; prima facie offence made out | Bench: Deepak Verma, J. | Order date 05-02-2025 | Neutral citation 2025:AHC:16250 | Counsel: S.K.Mathur (applicant), G.A. (State).

What did the court decide?

None; the anticipatory bail application was rejected. ¶13

Amar Pal vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:16250

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 148 of 2025

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Applicant :- Amar Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.K.Mathur Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Supplementary affidavit filed today by learned counsel for the applicant, is taken on record.

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

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 0141 of 2024, under Sections 354, 354ka, 354kha, 323, 504, 506, 316 IPC, Police Station- Fatehganj Purvi, District- Bareilly.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive; there is no evidence to prosecute the applicant. Allegation alleged in the first information report is false and baseless. Prima facie , no offence under alleged sections is made out against the applicant. Medical examination report is not supporting the prosecution case. Instant first information report has been lodged with malicious intention in counterblast as applicant earlier lodged an FIR against the informant. Instant FIR is delayed by six months and the same has been registered through an application under Section 156(3) Cr.P.C. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Per contra , learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that on perusal of contents of first information report, prima facie , offence is made out against the applicant. He next submitted that first information report as well as other material evidence disclose involvement of the applicant in the present case. It is not a case of false

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implication. Hence, applicant should not be released on anticipatory bail.

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Considered the submissions raised by learned counsel for the parties and perused the entire record. On perusal of contents of first information report and other material evidence available on record, prima facie , offence is made out against the applicant. Allegation alleged in the first information report is supported by medical examination report as well as by statements of other witnesses. As such, no case for interference by this Court is made out.

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Accordingly, the present anticipatory bail application stands rejected .

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Order Date :- 5.2.2025 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Amar Pal v. State of U.P. and Another

Case brief

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Amar Pal v. State of U.P. and Another

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