Dismissed

Sarfaraz @ Mohd Yakub v. The State of Telangana

Telangana HC6 Feb 2024CRLP/1056/2024

Case brief

AI extract

What is this about?

This is a criminal petition filed by an accused under Section 438 CrPC for anticipatory bail in a case involving an attempt to murder. The High Court rejected the bail plea, holding that the petitioner had threatened the complainant and attacked him with a stick causing injury, making him not a fit case for anticipatory bail. The criminal petition was dismissed and pending miscellaneous applicatio

What did the court decide?

Petitioner declared not a fit case for anticipatory bail; Criminal Petition dismissed; Miscellaneous applications stayed.

Sarfaraz @ Mohd Yakub Vs The State of Telangana — Anticipatory Bail | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR. JUSTICE G.RADHA RANI

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CRIMINAL PETITION NO : 1056 oF 2024

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Between:

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R/o. Saiaraz@ H.No.8-3-i64/66i6,Mohd yakub, S/:-Yo,hdJ:rlrs, (,oKur I heatre {Oe! Backside, Erragadda, about 29 years, Occ. Sanathnagar,pvt Service, Hyderabad.

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AND

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... PETITIONER/ACCUSED

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The State of Telangana, p.S.Madhura Nagar, Hyderabad

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...RESPONDENT/COMPLAINANT

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Petition under Section 43g of Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds or criririnli Fetition, the High court may be pleased,to enrarge the petitioneriAa"rr"o on ulir in the event of their arrest in crime No.29512023 gending oerore ttre-sio, i,"ii"" station rvrainu;r-N;;;r, Hyderabad in the interest of justice anO equiiy. '^{- '-}

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminat petition ?.nd _rp9n^{fi""iii,g t["arguments of Sri} Baddam Narsimha Reddv, Advocate for the p"titior"i ,ni tne-nooitionrt pubric prosecutor on behalf of the Respondent.

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The Court made the following: ORDER

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THE HONOURABLE DR.JUSTICE G. RADHA RANI

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CRIMINAL PETITION No.1056 of2024

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ORDER:

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This criminal Petition is fi led by the petitioner - accused under Section 438 of code of criminal Procedure (lbr short "cr.p.c.") ro enlarge him on bail in the event of his arrest in crirne No.295 of 202i pending before the sHo of PS Madhura Nagar, Hyderabad, regisrered lor the oflence under Section 307 of IPC.

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The case of rhe prosecution in bricr'rvas thar on o4.ll.2oz3 at zz:30 hours, the de-facto complainant lodged a reporr belore rhe police stating that the petitioner - accused threaterrcd ro kill hir. and attacked him with a stick on his head, when he enquired rrith hirr as r. *h\ he *,as consuming ganja near a temple. Due to which, he sustained blceiling injury on his head. He also stated that the petitioner - accused atrackcd hirr nrany times in the past as well and chased him stating that hc *oukl kill hirn. I.he cornptainant stated that he escaped from the said place and that his lite rvas in danger because of the petitioner - accused.

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F{eard Sri B.Narsirrha [(erklr. lclr'rrecl c.unsel lbr thc- petitioner - accused and the learned Additional I)ublic [)r'.sccrtor fb. the respondent - State.

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Dr.GltR.'l crlp 1056.)ll-

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I I ! I i

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The leamed counsel for^{the petitioner subnlitted that the Policewete} making hectic efforts to^{arresrthe petitioner - accused. The petitionerwas not} involved in the^{presentcase andprayed to enlarge him on baiI in the eventof his} arTest

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Thc leamed Additional^{Public Prosecutor opposedgrantof anticipator)} bail to the petitioncr

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considering that the^{de-facto complainantstated the name of thc} petitioner in his I;lR^{and clea[lvstated that the petitionerbet him with a stickr-rn} his head. due to^{which.he sustainedbleedinginjuryand that he also threatene'l} to kilt him. it^{is considerednor a fit case for grant of anticipatorybail io th:} petitioner.

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ln thc restrlt, thc^{(-rin-rinal Petitionis dismissed}

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As a sequcl. rnisccllaneous^{applications pendingin this petitioni1'an1}

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shall stand^{c losetl}

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SD/-C.PRAVEEN KUMAR ASSISTANT REGISTRAR

//TRUE COPY//

SECTI N OFFICER

To,

1 The XIV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

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The Station House Officer, Madhuranagar Police Station, Hyderabad.

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One CC to Sri Baddam Narsimha Reddy, Advocate [OPUC] 5. Two CD Copies

plp

HIGH COURT

DATED:06102t2024

ORDER

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GRLP.No.105G of 2OZ4

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DISMISSING THE CRL.P.

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8c4ftA w= 6\stx

Sarfaraz @ Mohd Yakub v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sarfaraz @ Mohd Yakub v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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