Court rejected application for anticipatory bail in a case alleging offenses under multiple IPC sections, citing 17 injuries on vital parts as a reason to feel unable to relax bail despite lift in similar cases for co-accused.
Application for anticipatory bail rejected.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55544 of 2019
Applicant :- Mohammad Saif Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Shukla,Ashish Goyal Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri I.P. Srivastava, the learned A.G.A. for the State and perused the record.
The present application for grant of anticipatory bail has been filed by the applicant in case crime No.358 of 2019, under Sections 147, 148, 149, 323, 452, 504, 506, 307 I.P.C., Police Station Jagdishpura, District- Agra.
The Court finds itself unable to grant the prayer for anticipatory bail bearing in mind the nature of 17 injuries which were caused on vital parts. Learned counsel refers to the orders passed in respect of co-accused on Criminal Misc. Bail Application Nos.49557 of 2019 and 37800 of 2019. The Court notes that those orders do not deal with the issue of injuries. As is evident from a reading of those orders apart from noticing the contentions advanced, no findings prima facie or otherwise are recorded in that regard.
Consequently, the application is rejected .
Order Date :- 13.12.2019 Vivek Kr.
2 issues framed by the court
Whether anticipatory bail should be granted in a case involving 17 injuries on vital parts.
Whether lift of bail in co-accused cases dealing with the same facts is sufficient grounds for grant of anticipatory bail.
1 provisions across 1 enactments
Mohammad Saif
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
