Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15776 of 2021 Applicant :- Vipin Rai @ Vikki Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atal Bihari Tripathi,A.C.Tiwari(Ac) Counsel for Opposite Party :- G.A.,Shashi Kant Rai
Hon'ble Rajiv Gupta,J.
Sri Shashi Kant Rai, Advocate has filed vakalatnama on behalf of opposite party No. 2, which is taken on record.
Heard learned counsel for the applicant, Sri Shashi Kant Rai, counsel for the opposite party No. 2, learned AGA for the State and perused the record.
Applicant- Vipin Rai @ Vikki Rai seeks anticipatory bail in Case Crime No. 247 of 2021, under Sections 323, 307, 504, 506 IPC, P.S. Gola, District- Gorakhpur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. He has next submitted that injuries sustained by the victim are simple in nature.
Per contra, learned AGA as well as counsel for the first informant has vehemently opposed the prayer for anticipatory bail and has submitted that specific role of assaulting the victim by sharp edged weapon against the applicant has been alleged. On account of assault made by the accused persons, victim Vinod Rai suffered as many as nine injuries on his person and causing severe contusion with reddish dislocation of both lids of left eye and scalp haematoma is seen in lift periorbital area, as such, no case for anticipatory bail is made out.
In view of the aforesaid facts and looking to the gravity and seriousness of the accusations and complicity of the applicant, I do not find it is a fit case for anticipatory bail.
This anticipatory bail application is, accordingly, rejected. Order Date :- 27.9.2021 KU