Legal Case Summary: Utkarsh Mishra @ Abhi vs. State of U.P.
Case Title: Utkarsh Mishra @ Abhi (Minor) Thru. His Natural Guardian/Father Prabhu Narayan Mishra vs. State of U.P. Case Number: Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 2360 of 2023 Court: High Court of Judicature at Allahabad, Lucknow Bench Order Date: November 22, 2023 Bench: Hon’ble Subhash Vidyarthi, J.
Executive Summary
In a significant ruling, the Allahabad High Court (Lucknow Bench) clarified that an Anticipatory Bail application remains maintainable even if proclamation proceedings under Sections 82/83 of the Cr.P.C. have been initiated, provided the applicant has pursued legal remedies without inordinate delay. The Court granted anticipatory bail to a 15-year-old minor in a cross-FIR case involving a sudden family quarrel.
Key Legal Issues & Findings
1. Maintainability vs. Proclamation under Section 82 Cr.P.C.
The State argued that according to the Supreme Court's ruling in Prem Shankar Prasad vs. State of Bihar, an absconder facing Section 82 proceedings is not entitled to anticipatory bail.
- Court’s View: The Court noted that the F.I.R. was lodged on March 24, 2023. The applicant moved the trial court promptly, and notice of the present application was given to the State on July 3, 2023—one day before the proclamation was issued on July 4, 2023.
- Ruling: Because the applicant pursued his legal remedies within a reasonable time after the F.I.R. and before the process under Section 82 was issued, the application could not be rejected on a preliminary objection.
2. The Context of Cross-FIR and Injuries
- The incident arose from a sudden quarrel between two families where members from both sides sustained injuries.
- While the informant's F.I.R. was registered immediately, the applicant’s side had to seek court intervention to get their cross-F.I.R. (Case Crime No. 504 of 2023) registered.
- Evidence, including video recordings and photographs showing the informant's party damaging the applicant's vehicle, was presented to the investigating officer.
3. Personal Circumstances of the Applicant
- The applicant is a 15-year-old minor with no prior criminal history.
- Co-accused individuals, including the applicant's mother, had already been granted anticipatory bail.
Court’s Order
The Court allowed the anticipatory bail application, directing that in the event of arrest, the applicant be released upon furnishing a personal bond and two solvent sureties.
visit & contact detail www.sajjadhusainlawassociates.com E-Mail ID sajjadhusainlawassociates@gmail.com Advocate Chamber No. 515 Block C High Court Gomtinagar Lucknow UP India WhatsApp Telegram & Calling No. 7080909786
Down load Original Judgement from here
https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=11021842
Down load from our Official Telegram Channel
https://t.me/sajjadhusainlaw/308
https://youtu.be/atmr0huYCaI
No comments yet. Be the first to share your thoughts!