Farhan And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 16309 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:35797
 

 
Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1221 of 2023
 

 
Applicant :- Farhan And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko. And Another
 
Counsel for Applicant :- Avinash Chandra,Pravin Kumar Singh,Rahul Chaurasia
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

1.Heard learned counsel for the applicant, Mr. Anand Kumar, learned counsel for the complainant who has filed vakalatnama for the complainant which is taken on record as well as learned Additional Government Advocate for State.

2.The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.435 of 2022 under sections 147, 148, 149, 323, 504, 506, 307, 286, 452 I.P.C., P.S. Antu, district Pratapgarh.

3.Learned counsel for applicant submits that the applicant has been falsely implicated. Cross first information reports have been lodged by both sides. Both the sides have sustained injuries. The injured has sustained simple injuries.

4.Learned A.G.A. has opposed the bail prayer and submitted that from perusal of the statement of the doctor, the injured Wasif Ali has sustained ten injuries. Injuries were such which could have resulted into his death. These are cross first information reports. The incident is admitted between the parties and as such, it cannot be said that the applicant has been falsely implicated.

5.On due consideration to the argument advanced, perusal of the record, injuries sustained by the two injured persons, statement of the injured witnesses and the statement of doctor, I am of the opinion that it cannot be said that it is a case of false implication. It is not a fit case for anticipatory bail.

6.The application for anticipatory bail is dismissed.

At this stage, the applicant's counsel 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.

7.In view of the above, it is provided that in case the applicant files 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).

Order Date :- 23.5.2023

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