Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11196 of 2021 Applicant :- Kailash Nath Rao Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Kumar Pandey,Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The instant application is being moved by the applicant, Kailash Nath Rao invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no.52 of 2021 under Section 304 IPC, Police Station-Maniyar, District-Ballia.
A specific allegation has been levelled against the applicant that applicant is that the applicant is a junior engineer and he assaulted to the consumer son Ram Pravesh Goad son of Madrika Goad.Son of informant Madrika Goad has died during his treatment on account of marpeet between applicant and informant & his son.
At present, it appears that the FIR allegations make out commission of cognizable offence.
In view of the specific allegation and role assignment made, no ground is made out to exercise discretion for grant of anticipatory bail, at this preliminary stage.
Accordingly, the present anticipatory bail application is rejected, leaving it open to the applicant to apply for regular bail, which application when filed may be dealt with and decided on its own merit, as expeditiously as possible, without being prejudiced by any observation made in this order.
Order Date :- 13.8.2021 Pr/-
Digitally signed by RAHUL CHATURVEDI Date: 2021.08.19 16:35:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad