Allahabad High Court Weekly Round-Up: December 12 To December 18, 2022

NOMINAL INDEX Bal Kumar Patel Alias Raj Kumar v. State of U.P. and Another 2022 LiveLaw (AB) 524 Rajesh Kumar Sharma v. C.B.I. 2022 LiveLaw (AB) 525 Ansad Badruddin And Another v. State Of U.P. Thru. Prin. Secy. Home Lucknow And 2 Others 2022 LiveLaw (AB) 526 Devendra Pandey and others vs. State Of U.P. Thru. C.B.I. along with connected matters 2022 LiveLaw (AB) 527 Md. Umar Gautam v. State Of U.P. Thru. Prin. Secy. Home, Lucknow 2022 LiveLaw (AB) 528 Ramesh Rai @ Matru Rai vs. State of U.P. 2022 LiveLaw (AB) 529 Amit Kumar Tiwari v. State Of U.P. Thru. Prin. Secy. Home Lko. And Others 2022 LiveLaw (AB) 530 Prashant Chandra Versus Harish Gidwani Deputy Commissioner Of Income Tax Range 2022 LiveLaw (AB) 531 Satya Prakash Sharma v. State of U.P. 2022 LiveLaw (AB) 532 ORDERS/JUDGMENTS OF THE WEEK Allahabad High Court Denies Anticipatory Bail To Former MP & Brother Of Slain Dacoit 'Dadua' In A Cheating Case Case title - Bal Kumar Patel Alias Raj Kumar v. State of U.P. and Another Case Citation: 2022 LiveLaw (AB) 524 The Allahabad High Court denied anticipatory bail to Former MP Bal Kumar Patel who happens to be the brother of Slain dacoit Dadua in connection with a cheating and fraud case. The bench of Justice Samit Gopal also refused to quash the case against him registered under Sections 419, 420 and 406 of IPC by observing thus: "…the prima facie allegations against the applicant, the law on the subject and the criminal antecedents of the applicant, this Court does not deem it proper to quash the proceedings in the 482 petitions as prayed for." Also read: Allahabad High Court Directs State Govt, DGP To Ensure Criminal History Of Accused Is Available At One Stroke Anticipatory Bail Plea Not Maintainable If Accused Is Already In Custody In Another Criminal Case: Allahabad High Court Case title - Rajesh Kumar Sharma v. C.B.I. [Criminal Misc Anticipatory Bail Application U/S 438 CR.P.C. No. - 4633 of 2022] Case Citation: 2022 LiveLaw (AB) 525 The Allahabad High Court has observed that the anticipatory bail application of an accused is not maintainable if he is in jail in connection with another criminal case for similar or different offences. The bench of Justice Samit Gopal concluded thus while relying upon the Rajasthan High Court's ruling in the case of Sunil Kallani vs. State of Rajasthan Through Public Prosecutor 2021 SCC OnLine Raj 1654. "This Court in view of the law laid down in the case of Sunil Kallani (supra) upholds the preliminary objection taken by the learned counsels for the C.B.I. and holds that since the applicant is in custody in connection with another case, the present anticipatory bail application under Section 438 Cr.P.C. would not lie and would not be maintainable. The same is accordingly dismissed," the Court observed. Allahabad High Court Denies Bail To 2 Alleged PFI Members Accused Of Conspiring To Kill Hindu Religious Leaders Case title - Ansad Badruddin And Another v. State Of U.P. Thru. Prin. Secy. Home Lucknow And 2 Others [CRIMINAL APPEAL No. - 1763 of 2022] Case Citation: 2022 LiveLaw (AB) 526 The Allahabad High Court denied bail to two alleged members of Popular Front of India (PFI) who have been booked under the UAPA for allegedly conspiring to commit the murder of people and Office Holders of Hindu Religious Organizations and for creating fear and terror in the Society. "...considering the fact that the recovery being made from the appellants of seized objectionable articles including explosive substances, which was to be used by them to attack on Senior Leader of different Hindu Religious Organization and to blast different sensitive places of Uttar Pradesh, for which no satisfactory explanation has been given by the appellants, thus, it cannot be said that the involvement of the appellants in their nefarious designs could be ruled out and further looking into their criminal antecedents and the fact that the trial is in progress, which is fixed for framing charges against the appellants by the trial Court," the bench of Justice Ramesh Sinha and Justice Renu Agarwal observed as it refused to grant bail to the accused. Pilibhit Encounter 1991| "They Exceeded Power Given By Law": Allahabad High Court Convicts 43 Cops U/S 304 Part I IPC Case title - Devendra Pandey and others vs. State Of U.P. Thru. C.B.I. along with connected matters Case Citation: 2022 LiveLaw (AB) 527 The Allahabad High Court convicted 43 Uttar Police Personnel under Section 304 Part I IPC in connection with the 1991 Pilibhit Encounter case wherein 10 Sikhs were killed treating them to be terrorists in an alleged fake encounter. "It is not the duty of the police officers to kill the accused merely because he/she is a dreaded criminal. Undoubtedly, the police have to arrest the accused and put them up for a trial," the bench of Justice Ramesh Sinha and ...

Allahabad High Court Weekly Round-Up: December 12 To December 18, 2022

Sparsh Upadhyay

Tags