Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52279 of 2019 Applicant :- Atif Opposite Party :- State of U.P. Counsel for Applicant :- Tarun Gaur Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
The present anticipatory bail application has been filed by the applicant in Case Crime No. 163 of 2019, u/s 147, 148, 149, 307, 504, 506, 120-B IPC, Police Station Ayodgik Kshetra, District Prayagraj with the prayer to grant anticipatory bail to the applicant.
I have perused the FIR as well as the order by means of which the anticipatory bail application has been rejected by the court below.
Learned counsel for the applicant has argued that prima facie no offence is made out u/s 307 IPC as in the medical report of the injured the applicant is stated to have fired on the injured, who received superficial injuries, which were opined that the injuries are suspected to be caused by firearm. It is stated that the injured has refused for medication examination at S.R.N. Hospital and therefore, at this stage, it cannot be said certainty that injuries sustained by the injured have been caused by gunshot. Learned counsel has pointed out that there are long standing enmity between the parties on account of which false case has been fabricated and other accused has been enlarged on bail.
Learned AGA has opposed the prayer for anticipatory bail and placed x- ray report of the injured in which several radiopaque shadow / pellets have been found in the chest region and thus looking to the gravity of offence, no case for grant indulgence is made out.
After hearing learned counsel for the parties and after perusing the impugned FIR and also looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment and the fact as advanced by the learned AGA, in my opinion it cannot be said that no offence is made out.
Accordingly, the application for anticipatory bail is rejected.
Order Date :- 27.11.2019 Dhirendra/