Mahendra Pratap Singh @ Shani Singh v. The State of Uttar Pradesh & Anr. (SC)

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Mahendra Pratap Singh @ Shani Singh v. The State of Uttar Pradesh & Anr. (SC)
(2023) Law Today Live Doc. Id. 17538

From the Database of www.lawtodaylive.com

Supreme Court of India

Before: Dr Dhananjaya Y Chandrachud, CJI. & Dipankar Datta, J.

Special Leave to Appeal (Crl.) No(s). 12236 of 2022

Decided on: 27.01.2023

Mahendra Pratap Singh @ Shani Singh - Petitioner(s)

Versus

The State of Uttar Pradesh & Anr. - Respondents

For Petitioner(s):

Mr. Vikram Pratap Singh, Adv. Ms. Shivangi Singh, Adv. Mr. Bharat Tripathi, Adv. Ms. Ishita Bedi, Adv. Ms. Ranjana Singh, Adv. Mr. Ajay Prabu, Adv. Mr. Suraj Prakash Singh, Adv. Mr. Divyesh Pratap Singh, AOR

For Respondent(s):

Mr. Rohit K. Singh, AOR

Indian Penal Code, 1860 (45 of 1860), Sections 147, 148, 149, 323, 324, 307, 440 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Attempt to murder -- Anticipatory bail – Contention that injury report indicates that the injuries were of a simple nature caused by a hard and blunt object -- In the facts and circumstances of the case direction given that in the event of the arrest of the petitioner, he shall be released on bail.

(Para 3-6)

ORDER

1. We have heard Mr Vikram Pratap Singh learned counsel appearing on behalf of the petitioner and Mr Rohit K Singh counsel appearing on behalf of the State.

2. The petitioner was denied anticipatory bail under Section 438 of the Code of Criminal Procedure 1973 by an order of the Single Judge of the High Court of Judicature at Allahabad, Lucknow Bench on 10 November 2022.

3. The petitioner sought anticipatory bail in connection with FIR No 111 of 2022 lodged on 15 June 2022 at Police Station Sangrampur, District Amethi, Uttar Pradesh for alleged offences punishable under Sections 147, 148, 149, 323, 324, 307 and 440 of the Indian Penal Code 1860.

4. Counsel appearing on behalf of the petitioner has adverted to the injury report (Annexure P-5) which indicates that the injuries were of a simple nature caused by a hard and blunt object.

5. While issuing notice in these proceedings on 15 December 2022, the petitioner was protected from arrest.

6. In the facts and circumstances of the case, we confirm the order dated 15 December 2022 by directing that in the event of the arrest of the petitioner, he shall be released on bail subject to such terms and conditions as may be imposed by the trial court.

7. The Special Leave Petition is accordingly disposed of.

8. Pending applications, if any, stand disposed of.

Order accordingly.

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