Allowed

Avinash Upadhyay Alias Avinash Kumar Upadhyay v. the State of Jharkhand

Jharkhand HC21 Jul 2023A.B.A./677/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to two petitioners facing charges under the IPC and Arms Act. The court directed surrender within two weeks for release on bail upon furnishing sureties.

What did the court decide?

Anticipatory bail granted; directed to surrender within two weeks on bail with bonds of Rs.25,000 each and two sureties.

Avinash Upadhyay Alias Avinash Kumar Upadhyay Vs the… — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 677 of 2023

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Avinash Upadhyay @ Avinash Kumar Upadhyay

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@ Avinash Kumar Upadhyya @ Sunny Pandey

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Abhishek Uapadhyay @ Abhishek Kumar Uapadhyay

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…... …. Petitioners

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Versus

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The State of Jharkhand .…. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE AMBUJ NATH

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For the Petitioners : Mr. P. C. Sinha, Advocate For the State : Mr. Praful Jojo, A.P.P --------

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06/ Dated 21.07.2023

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Heard the parties.

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The petitioners are apprehending their arrest in connection with Lohsinghna P.S. Case No.217 of 2022, for the offences under Sections 341, 323, 307, 504 & 506/34 of the Indian Penal Code and Sections 25 (1-A), 26/27/35 of the Arms Act, pending in the Court of learned Additional Chief Judicial Magistrate, Hazaribag.

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It is alleged that on the intervening night of 04/05.10.2022, the petitioner No.1 Avinash Upadhyay @ Avinash Kumar Upadhyay @ Avinash Kumar Upadhyya @ Sunny Pandey is said to have fired upon the informant. However, the informant had a providential escape. It is further alleged that the informant and his friend snatched away the pistol from the hands of the petitioner No.1 Avinash Upadhyay @ Avinash Kumar Upadhyay @ Avinash Kumar Upadhyya @ Sunny Pandey and handed over the same to the police.

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Mr. P.C. Sinha, learned counsel for the petitioners has submitted that firearm so seized from the petitioner No.1 was produced before the police and as such, from the facts of this case, Section 37 of the Arms Act will be applicable, in which, police has got the power to grant bail to the accused. It was further submitted that petitioners had sustained injuries, for which, they had undergone treatment at Hazaribag Medical College Hospital. The injury report to this effect has been annexed with this anticipatory bail application.

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-2-

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As far as petitioner No.2 Abhishek Uapadhyay @ Abhishek Kumar Uapadhyay is concerned, there is no allegation of any overact against him.

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Considering the entire facts of the case; I am inclined to extend the privilege of anticipatory bail to the petitioners. They are directed to surrender before the court below within two weeks from the date of receipt of a copy of this order and the learned court below on their surrender shall release them on bail on furnishing bail bonds of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Hazaribag, in connection with Lohsinghna P.S. Case No.217 of 2022, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

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BS/

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(Ambuj Nath, J.)

Avinash Upadhyay Alias Avinash Kumar Upadhyay v. the State of Jharkhand

Case brief

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What did the court decide?

Avinash Upadhyay Alias Avinash Kumar Upadhyay v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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