Allahabad High Court
Sudheer Bhartiya vs State Of U.P. on 26 November, 2020
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41601 of 2020 Applicant :- Sudheer Bhartiya Opposite Party :- State of U.P. Counsel for Applicant :- Shiva Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Shiva Tripathi, learned counsel for the applicant and learned A.G.A. for the State.
By means of this application, the applicant- Sudheer Bhartiya, who is involved in Case Crime No. 130 of 2020, under Sections 307, 504, 506 IPC, Police Station Daraganj, District Allahabad is seeking enlargement on bail during the trial.
As per the First Information Report, the applicant Sudheer Bhartiya had fired upon the complainant Rahul Sonkar, who escaped unhurt. It is contended that medical report, which has been annexed as Annexure 5 to the affidavit to the bail application states that minor injury was caused to the injured-complainant. It is further submitted that the complainant as well as applicant are resident of same Mohalla (vicinity) and due to the old enmity, the applicant has been falsely implicated. In para 17 of the affidavit to the bail application, the applicant has disclosed criminal history of 22 cases, pending against him, which are as follows :
i. Case Crime No.512 of 2017 under Section 392 IPC, P.S. Colonelganj, Allahabad.
ii. Case Crime No.852 of 2019 under Section 392 IPC, P.S. Colonelganj, Allahabad. iii. Case Crime No.208 of 2019 under Section 392 IPC, P.S. Colonelganj, Allahabad. iv. Case Crime No.527 of 2019 under Section 392 IPC, P.S. Colonelganj, Allahabad. v. Case Crime No.131 of 2020 under Section 3/5 Arms Act, P.S. Daraganj, Allahabad. vi. Case Crime No.130 of 2017 under Section 307, 504, 506 IPC, P.S. Daraganj, Allahabad. vii. Case Crime No.209 of 2017 under Section 392 IPC, P.S. George Town, Allahabad. viii. Case Crime No.328 of 2017 under Section 41/411 IPC, P.S. George Town, Allahabad. ix. Case Crime No.526 of 2016 under Section 392 IPC, P.S. George Town, Allahabad.
x. Case Crime No.177 of 2017 under Section 392 IPC, P.S. George Town, Allahabad.
xi. Case Crime No.330 of 2017 under Section 4/5 Explosive Act, P.S. George Town, Allahabad. xii. Case Crime No.250 of 2017 under Section 379 IPC, P.S. George Town, Allahabad. xiii. Case Crime No.311 of 2017 under Section 392 IPC, P.S. George Town, Allahabad. xiv. Case Crime No.471 of 2016 under Section 392 IPC, P.S. George Town, Allahabad. xv. Case Crime No.578 of 2017 under Section 2/3 Gangster Act, P.S. George Town, Allahabad. xvi. Case Crime No.142 of 2018 under Section 380 IPC, P.S. George Town, Allahabad. xvii. Case Crime No.52 of 2019 under Section 41 CrPC, P.S. George Town, Allahabad. xviii. Case Crime No.299 of 2017 under Section 41/411, 414 IPC, P.S. Kydganj, Allahabad. xix. Case Crime No.276 of 2017 under Section 379 IPC, P.S. Kydganj, Allahabad.
xx. Case Crime No.232 of 2017 under Section 392 IPC, P.S. Kydganj, Allahabad.
xxi. Case Crime No.455 of 2018 under Section 4/5 Explosive Act, P.S. Saraimamrej, Allahabad. xxii. Case Crime No.248 of 2017 under Section 307 IPC, P.S. Tharwai, Allahabad.
Learned A.G.A. while opposing the bail application submitted that the applicant is a man of criminal intent and First Information Reports in heinous offences have been registered against him since 2016 and would be a threat to the society if he is released on bail. Having heard counsel for the parties and from perusal of record I find that the applicant has a long criminal history of 22 cases, as noted above. From perusal of the same it appears that the said reports have been registered in various police stations of the city under various Sections of the Indian Penal Code and most of the reports are under Section 392 IPC.Further in the year 2017, Gangsters Act was also imposed upon the applicant. From the perusal of the criminal history of the applicant it appears that he is a threat to the society at large and if released on bail, would again commit offence, as the present offence was committed while he was on bail. In view of the above, bail application of the applicant stands rejected.
Order Date :- 26.11.2020 KA