Subhas Verma v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2941 of 2023 Applicant :- Subhas Verma Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Dilip Kumar Pandey,Manoj Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Dilip Kumar Pandey, learned counsel for the applicant as well as Sri Anurag Verma, learned A.G.A.-I for the State and perused the record.

¶2The instant bail application has been filed seeking anticipatory bail in case crime No. 569 of 2022, under Sections 307, 504, 506 I.P.C, registered at Police Station Antu, District Pratapgarh.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged 19.11.2022 against four persons, including the applicant, stating that the accused persons had assaulted the informant's brother causing serious injuries to him.

¶4The victim had suffered a lacerated wound on parietal region of a skull and a contused swelling on left elbow joint. The informant and the victim both have supported the F.I.R allegations in their statement recorded by the investigating officer.

¶5The learned counsel for the applicant has submitted that two co-accused persons have been granted bail in the present case.

¶6The learned A.G.A has vehemently opposed the applications and on the basis of instructions, he has stated that the doctor has stated that the injuries suffered on the victim's head was serious in nature and it could have resulted in his death. He has further stated that the trial court has issued a non-bailable warrant against the applicant on 04.02.2023.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the informant, the victim and the doctor; that two other co-accused persons have been granted regular bail and that the applicant has not put in appearance even after issuance of a non bailable warrant, I am of the view that the aforesaid facts do not warrant exercise of discretion of this Court by granting pre arrest bail to applicant.

¶8The anticipatory bail application stands rejected accordingly. (Subhash Vidyarthi,J.) Order Date :- 19.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench