Niranjan Gaur @ Niranjan Kumar v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and 3 Others

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3059 of 2023 Applicant :- Niranjan Gaur @ Niranjan Kumar Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And 3 Others Counsel for Applicant :- Avadhesh Mishra,Gulam Abdul Qadir Rabe,Jai Prakash Narain Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard the learned counsel for the applicant as well as Ms Charu Singh, 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.146 of 2022 under Sections 147, 148, 323, 504, 506, 452, 325, 308 IPC, 3(1)(da)(dha) SC/ST Act, Police Station Hanswar, District Ambedkar Nagar.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.08.2022 against 7 persons stating that because of a dispute regarding irrigation accused persons assaulted the informant and his family members in the night of 14.08.2022.

¶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 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 the fact that all the other accused persons have been granted regular bail and that 3 persons have received injuries in the incident, two of whom have suffered grievous injuries, 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. (Subhash Vidyarthi, J.) Order Date :- 22.12.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench