This judgment rejects an anticipatory bail application filed by four applicants accused of assaulting family members. The court held that due to the gravity of the offences and injuries sustained, releasing the applicants on anticipatory bail was not a fit case.
The anticipatory bail application under Section 438 Cr.P.C. is rejected.
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Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12413 of 2022
Applicant :- Jameel And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.,Golu Kumar Mishra,Shashi Kant
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Ashok Kumar Singh, learned counsel for the applicants, Sri S.K. Pal, learned Government Advocate, assisted by Sri Sanjay Kumar Singh, learned A.G.A. for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicants Jameel, Nafees, Salman, Nadeem, seeking anticipatory bail, in the event of arrest in Case Crime No. 526 of 2021, under Sections 452, 323, 308, 504, 354, 506 I.P.C., Police Station- Dhaulana, District Hapur.
Learned counsel for the applicant argued that the applicants have been falsely implicated in the present case. It is argued that there is no specific role assigned to the applicants and general role has been assigned to them. It is argued that the first informant and the applicants belong to the same locality and are neighbours and some dispute arose between their children while playing and while trying to save their children the injured persons have received injuries. It is argued that the story as narrated in the F.I.R. is a coocked up, false and frivolous story just in order to falsely implicated and humiliated the applicants. It argued that the applicants have no criminal history as stated in para- 18 of the affidavit. It is argued that thus the applicants be directed to be released on anticipatory bail.
Per contra, learned G.A. opposed the prayer for anticipatory bail.
The facts of the case are that the F.I.R. was lodged on 10.12.2021 against the applicants under Sections 452, 323, 504, 354, 506 I.P.C. According to the said F.I.R. on 09.12.2021 at about 3.00 P.M. children of the first informant were playing outside his house, during which Zamil, Sadak, Nafees, Salman, Nadeem entered inside the house and started assaulting his
mother Aabda, sister Darkhasa and Waseema and uncle Irfan by lathi and danda. The said persons received injuries. The medical examination of the injured persons was done and the doctor found fracture of linear frontal bone of right side of Irfan. The injury was opined to be grievous in nature. During investigation Section 308 I.P.C. has also been added in the present case.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are named in the F.I.R. and there are allegations against them. Four persons have received injuries amongst whom the injury of one person has been opined to be grievous in nature.
Looking to facts and circumstances of the case, nature of accusation and gravity of offence and the injures sustained by the injured persons, I do not find it a fit case to release the applicant on anticipatory bail.
Accordingly, the present anticipatory bail application under Section 438 Cr.P.C. is rejected.
(Samit Gopal,J.)
Order Date :- 1.3.2023 Naresh
Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants are fit to be released on anticipatory bail given the gravity of charges and injuries sustained.
1 provisions across 1 enactments
Jameel and 3 Others
Samit Gopal
Naresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
