Ram Milan And 2 Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 7133 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 615 of 2023
 

 
Applicant :- Ram Milan, Pankaj Chauhan and Raju alias Rajiv Kumar
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Anand Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicants as well as learned Additional Government Advocate for State.

Notice to respondent No.2 is dispensed with.

The present application has been filed seeking anticipatory bail in case crime No.0199 of 2021 under sections 147, 323, 504, 506, 452, 354B I.P.C., P.S. Khandasa, district Ayodhya.

Learned Additional Government Advocate submits that cross cases have been registered by both sides and the both sides have received injuries. From the side of the prosecution, there are three injured persons and from the side of the applicant, there are six injured and thus, it cannot be said that the allegations in the first information report are false and it has been lodged with an intent to malign the reputation of the applicant.

As regards the alleged contradiction in the prosecution witnesses, the same can be seen at the stage of the trial.

In view of the above and considering the injury reports which are on record as well as the statement of the injured, it cannot be said that it is a case of false implication.

The application is accordingly dismissed.

At this stage, learned counsel for the applicant submits that he may be granted liberty to file regular bail application and the same may be decided in the light of judgment of Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021.

Accordingly, is provided that in case the applicants file a regular bail application within two weeks from today, the same be decided expeditiously, strictly in view of the law laid down by Supreme Court in the case of Satender Kumar Antil (supra). In case an interim application for bail along with the regular bail is moved, the same shall be decided on day one.

Order Date :- 3.3.2023

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