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IN THE HIGH COURT OF ALLAHABAD
ASHUTOSH SRIVASTAVA
Ram Balak Soni – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Ashutosh Srivastava,J.
1. Heard Shri Ashwani Kumar Mishra, learned counsel for the applicants, Shri Ajay Kumar, learned counsel for the informant and learned A.G.A. for the State-opposite party, and perused the material placed on record.
2. This application under Section 438 Cr.P.C. has been filed on behalf of applicants Ram Balak Soni, Awinash Soni, Ashutosh Soni and Dharmraj Soni, seeking anticipatory bail in Case Crime No. 95 of 2024, under Sections 323 , 504, 506, 120-B, 34, 302, 307 I.P.C., Police Station Pipri, District Kaushambi.
3. Learned counsel for the applicants submits that initially the FIR was registered against the applicants under Sections 147, 148, 323, 504, 506, 308 I.P.C. During investigation on the death of injured, Section 302 and 307 were added. The weapon of offence i.e. country made pistol and iron rod were falsely planted upon the applicants. But till date, no such recovery has been effected from the possession or pointing out of the applicants. Learned counsel for the applicants submits that there are two eye witnesses of the occurrence, who are the sons of the deceased and except this, rest of the witnesses are formal witnesses.
4. Learned AGA as w
Anticipatory bail under Section 438 Cr.P.C. is not maintainable in cases involving charges where a death sentence may be awarded.
The court clarified that anticipatory bail may be granted under section 438 when no prima facie case exists, despite statutory bars.
Point of Law : Accused has every right, even if he is arrested in number of cases, to move in each of offence registered against him irrespective of the fact that he is already in custody.
Repeated anticipatory bail applications without a change in circumstances can be considered an abuse of the court process.
The main legal point established in the judgment is the interpretation of section 3(2)(v) of the SCST Act and the application of section 18 and 18-A of the SCST Act in determining the maintainability....
The court's decision emphasized the requirement for new facts necessitating further investigation and the petitioner's obligation to cooperate with the investigation when called upon.
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