Ilyaas v. State of U.P.

Court No. - 10

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8937 of 2020

Applicant :- Ilyaas Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Srivastava,Jalaj Kumar Gupta,Lakshmi Kant Tripathi,Mohmmad Tayyab,Pankaj Kumar Srivastava,Rajesh Chandra Mishra,Rbs Radhaur,Shreya Chaudhary Counsel for Opposite Party :- G.A.,Shiv S.E. Chitambar

Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the applicant, learned A.G.A. and perused the record.

1. The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No. 261 of 2020, under sections 147, 148, 149, 323, 302 & 504 IPC, Police Station-Mohammdai, DistrictLakhimpur Kheri.

1. It is said that the incident took place on 31-032020 at around 04.30 p.m. The accused-applicant and 13 other co-accused named in the F.I.R. armed with Lathi, Spear, Axes came to the house of the complainant and started abusing the sons and other family members by using filthy language. It is further said that they started assaulting the deceased, son of the complainant, using the arms which they were carrying. The persons, Islam, Nafroz and Insad, who came to rescue the deceased were also assaulted by the accused. The post-mortem report of the deceased would suggest the following ante-mortem injuries on the person of the deceased:-

(I) I.W. 3.00 c.m. x 0.5 c.m. x scalp portion (Lt) side of forehead 5.00 c.m. above (Lt.) eye brow.