Kamta Prasad v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. U.P. Lko. and 2 Others

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2645 of 2023 Applicant :- Kamta Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. U.P. Lko. And 2 Others Counsel for Applicant :- Sagar Singh,Shri Ram Maurya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sagar Singh, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-I for the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 251 of 2023, under Sections 147, 148, 149, 354, 452, 323, 324, 307, 504, 506 IPC, Police Station Safipur, District Unnao.

¶3The aforesaid case has been registered on the basis of an FIR lodged on 05.09.2023 against nine persons including the applicant stating that co-accused Deepak was molesting the informant's sister and when the informant's father reached there upon hearing her hue and cry, the accused persons assaulted him. When other family members tried to save him, the accused persons beaten them also.

¶4Learned counsel for the applicant submits that seven persons from the informant's side have received injuries in the incident. He further submits that five persons from the applicant's side have also received injuries in the incident.

¶5Three co-accused Deepak, Amit and Prembabu have been granted bail in the present case by the sessions court. The anticipatory bail filed by the co-accused Shiv Prasad has been rejected by this court by means of an order dated 09.11.2023, passed in Criminal Misc. Anticipatory Bail Application No.2603 of 2023.

¶6Having considered the aforesaid facts and circumstances of the case, this Court finds no reason to treat the applicant differently in granting him pre-arrest bail and the applicant may also seek bail from the sessions court like other co-accused persons who have already been granted bail.

¶7In view of the above, the anticipatory bail is rejected.

¶8However, in case the applicant files an application for grant of bail, the same shall be considered and decided expeditiously in accordance with law without being influenced by rejection of his anticipatory bail. . (Subhash Vidyarthi, J.) Order Date :- 18.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench