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Allahabad High Court rejects anticipatory bail to three accused of culpable homicide

The Allahabad High Court has rejected the anticipatory bail application of three persons accused of culpable homicide while noting that there is criminal history of 11 cases assigned to the applicants.

A Single Bench of Justice Krishan Pahal passed this order while hearing a Criminal Misc anticipatory bail application filed by Mohit Upadhyay and 2 Others.

The applicants have approached the Court directly without taking recourse to the Sessions Court, Kanpur Nagar.

Counsel for the applicant has stated that there is an exceptional ground for the applicants as the brother-in-law of the informant Radhey Krishna Upadhyay is an practising advocate at Kanpur Nagar and is an influential person who along with his juniors pressurises the applicants and there is every apprehension of the applicants being assaulted by them.

The anticipatory bail application has been filed on behalf of the applicant in Criminal Case registered under Sections 308, 341, 504 and 506 IPC at Police Station- Barra, District Kanpur Nagar with a prayer to enlarge him on anticipatory bail.

The applicants are stated to have assaulted the wife of the informant on 10.08.2016 at about 10:00 PM by danda, thereby causing grievous injuries to her.

Counsel for the applicants has stated that initially a case was instituted under Section 323, 504 and 506 I.P.C as an NCR only and the said NCR is delayed by three days and there is no explanation of the said delay caused.

Counsel has further stated that after much delay of about three years, an order under Section 155(2) Cr.P.C has been passed by the Special Chief Judicial Magistrate, Kanpur Nagar on 16.11.2019 to investigate the matter. After investigation, the final report (charge-sheet) has been filed against the applicants in the added Section of 308 IPC.

Counsel has further stated that the injury report is suspicious as initially the injured person was admitted to a private hospital and was treated there and was then referred to a government hospital and at the government hospital, it was observed that there was a stitched wound on her left parietal region of head and another injury was abrasion which was simple in nature.

Counsel has further stated that there is an observation made by the Investigating Officer that the informant had telephonically tried to pressurize him by saying that he is a journalist, as such the case may be transformed under Section 308 IPC. Despite the said observation, under the duress of the informant, the final report (charge-sheet) has been filed under Section 308 IPC. The applicants and the informant are having a long dispute pending between them.

Counsel has also stated that in all eleven cases have been instituted against the applicants by the informant and his family members, which stands explained as four of those cases were instituted as an NCR, one is a complaint case and other six cases are between the same parties. The applicants have annexed the orders of two cases mentioned in the criminal history. There is no other criminal history of the applicants except the said cases.

Counsel has further stated that the applicants had challenged the said final report (charge-sheet) before the Court by filing a petition U/S 482 CrPC and the Court was pleased to grant interim protection to the applicants, but later on, on 14.02.2023, the said petition was dismissed on merits and the interim protection was set aside.

Per contra, Senior Counsel for the informant has vehemently opposed the anticipatory bail application on the ground that there is no exceptional ground present before the Court to entertain the anticipatory bail application as there is no FIR/medical report to corroborate the allegations against the relative of the informant.

Senior Counsel has further stated that the applicants are the criminals as they have been involved in repeatedly committing similar nature of crimes. The victim herein is a lady and had sustained grievous injuries to her head. The applicants have criminal history of eleven cases and they have not properly explained the said criminal cases as they have not annexed the bail orders of other cases.

A.G.A has also vehemently opposed the anticipatory bail application on the ground that there is criminal history of eleven cases assigned to the applicants.

“Taking into consideration the fact as mentioned by the counsel for the applicant that there is apprehension in their minds to the fact that they may be assaulted at the premises of the District Court, Kanpur Nagar, as already stated by the counsel for the applicants that the applicants have been granted anticipatory bail in Case under Sections 307, 504 and 506 I.P.C, P.S Swaroop Nagar, District Kanpur Nagar and they have already furnished their bail bonds at the court concerned, the said argument of having apprehension of being assaulted at the District Court, Kanpur Nagar pales into insignificance.

After hearing counsel for the parties and taking into consideration the judgment of the Court passed in Shivam (supra) and also the fact that there is criminal history of eleven cases assigned to the applicants, I do not find it a fit case for grant of anticipatory bail to the applicant”, the Court observed while rejecting the anticipatory bail application.

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