Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17858 of 2021 Applicant :- Kishan Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A.,Nagendra Kumar Tripathi
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
The present anticipatory bail application has been filed by the applicant Kishan Kumar Yadav with a prayer to enlarge him on anticipatory bail in Case Crime No.408 of 2021, under Sections 323, 504, 506, 452, 308 I.P.C. Police Station Khorabad District Gorakhpur.
It is argued by the learned counsel for the applicant that two persons Rituraj Chaudhary and Hemraj Chaudhary are said to have sustained injuries wherein in x-ray of Rituraj Chaudhary, no bony injury has been found and his injury is not on vital part. The statements of both injured are on record. There is apprehension of arrest of the applicant, so prayer for bail is made.
Learned A.G.A. and learned counsel for the complainant opposed the bail and argued that injured Hemraj Chaudhary has sustained fracture on his head and the accused is having criminal history of one case under section 147, 352, 342, 504 and 506 I.P.C. in case crime no. 253 of 2020, so the bail is opposed.
I have gone through the statements of injured persons and their x-ray reports. From the injury report of Hemraj Chaudhary 5 injuries have been found on the person of injured and injury nos. 1 and 2 are kept under observation. Though the rest injuries are simple in nature but as per the x-ray report fracture in inner wall of left frontal bone is found and the injuries are also found in occipital region of left side. In the statements of both the injured, it has come that the accused persons assaulted with lathi danda and iron rod. Injured Hemraj Chaudhary after sustaining injuries became unconscious. He was taken to hospital by his family members and his injuries are found grievous.
After hearing the learned counsel for the applicant and learned A.G.A., and after perusing the averments made in the present anticipatory bail application as well as rejection order, this Court is of the opinion, that learned counsel for the applicant could not point out any good ground for grant of bail to the applicant.
Accordingly, the anticipatory bail application filed on behalf of the applicant is hereby rejected.
Order Date :- 17.12.2021 Gss