Chhotu Maurya @ Dharmendra Kumar Maurya v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2981 of 2023 Applicant :- Chhotu Maurya @ Dharmendra Kumar Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Syed Wajahat Ali @ Vijahat Ali,Mohd. Waqar,Shahbaz Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Syed Wajahat Ali, the learned counsel for the applicant as well as Sri Arpit Kumar, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.322 of 2023,under Sections 147, 148, 149, 307, 323, 504, 506, 353 IPC, Police Station Dubagga, Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.10.2023 against 8 persons, including the applicant, alleging assault made by all the accused persons causing injuries to the informant while he was performing his official duties.

¶4In the affidavit filed in support of the anticipatory bail-application, it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case.

¶5The informant has suffered as many as 8 injuries in the incident. Two co-accused persons have been granted bail by the Sessions Court.

¶6The learned A.G.A. has opposed the prayer for bail and has submitted that investigation is going on, and at this stage, grant of anticipatory bail to the applicant will adversely affect the investigation.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view nature of allegation against the accused-applicant that is causing numerous injuries to a Government servant while he was performing his official duties, I am of the view that the aforesaid facts do not warrant exercise of discretion of this Court by enlarging the applicant on anticipatory bail.

¶8In view of the above, the anticipatory bail application of the applicant is rejected. However, in case the applicant files any bail application, the same shall be considered and decided, without being influenced by rejection of this anticipatory bail application. Order Date :- 20.12.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench