Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14871 of 2021 Applicant :- Shailendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar,Kalp Dev Mishra Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This anticipatory bail application has been filed by the applicant Shailendra in Case Crime No. 139 of 2021, under sections 323, 504, 307 I.P.C., P.S.- Mardah, District - Ghazipur.
FIR version is that on the date of incident on account of serious enmity, the informant and his brother were standing near the Ambedkar Park, the applicant alongwith other co-accused persons came there and started abusing and on being prevented started beating the brother of the informant and assaulted the brother by a screw.
Submission of the learned counsel for the applicant is that the injuries which have been sustained by the injured are all of simple nature. FIR has been lodged in order to harass the applicant and he has been falsely implicated in this case. In fact, no such incident took place.
Learned AGA has opposed the prayer for anticipatory bail application and pointed out that as many as four injuries have been caused to the injured and one of the injury is on the middle of his neck.
Considered the submission of both the sides.
It appears that four injuries have been sustained by the injured and in view of the allegation leveled in the FIR, the injury has been caused by the screw and considering the nature of the injured which was caused on the middle of the neck. I do not find it a fit case in which the benefit of anticipatory bail can be given.
In view of the request made above, Anticipatory Bail Application is rejected as not pressed.
A direction is however given to the court below that in case applicant surrenders and gives regular bail application, the same shall be disposed of expeditiously and preferably on the same day in accordance with law.
Order Date :- 24.9.2021 Ankita