The High Court declined to grant anticipatory bail to the applicant in a case involving grievous injuries causing danger to life. The court held the application was not a fit case based on the nature of the accusation and active participation.
Prayer for anticipatory bail refused.
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Neutral Citation No. - 2023:AHC:121390
Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2419 of 2023
Applicant :- Ramesh Chand Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari Counsel for Opposite Party :- G.A.,Rajesh Kumar
Hon'ble Nalin Kumar Srivastava,J.
opposed the prayer for anticipatory bail. It has been argued that in the incident very serious and grievous injuries have been sustained by the injured Mahavir Singh. The doctor who has medically examined the injured has categorically stated before the I.O. that injured have sustained grevious injuries upon his head, his nose were bleeding and in the C.T. scan it was found that very serious injuries had been inflicted upon the head of the injured, frontal bone of the forehead had multifarious fractured, blood was clotted in the brain and swelling was also present, injuries were also found on the abdominal of the injured and there was swelling in the gal bladder of the injured. It is also stated by the doctor that the injured was admitted in I.C.U. on ventilator and as per the supplementary report, the injuries of the injured were grevious and dangerous for life. Hence, the applicant is not entitled for any assistance by way of anticipatory bail application.
Order Date :- 30.5.2023 Fhd
Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant.
Whether the applicant is a fit case for anticipatory bail under S. 438 Cr.P.C.
Colour shows how this judgement treated each authority
Sushila Aggarwal and others vs. State (NCT of Delhi) and anotherReferred¶12
(2020) 5 SCC 1 · Who else cites this
1 provisions across 1 enactments
Ramesh Chand
State of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
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