The High Court, Allahabad, dismissed an anticipatory bail application filed by Mitthan Miyan in a case alleging grievous injuries involving assault with an axe, noting prima facie evidence of the serious offense.
Bail application dismissed with no protection granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:53998
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1359 of 2024
Applicant :- Mitthan @ Mohammad Mitthan Miyan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Another
Counsel for Applicant :- Surya Kumar Counsel for Opposite Party :- G.A.,Dinesh Kr. Chaudhary
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed by accused-applicant seeking protection in regard to Case Crime No.192 of 2024, under Sections 323, 324, 504, 506, 307 I.P.C., P.S. Kotwali Dehat, District Balrampur.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case. He undertakes to cooperate in the trial.
Learned A.G.A. opposes the bail application and submits that applicant has been assigned the role of assault on the head of Manni by axe thrice therefore, prima facie offence under Section 307 IPC is made out. Apart from her there are other injured also. It is not a case of false implication.
A perusal of the statement of injured Manni as well as injury report shows that she has received five injuries out of which three are on the vital parts of her body firstly, laceration on occipital region of head; secondly, laceration of midline of head and thirdly laceration on left perital region of brain; injuries are grievous and applicant has been assigned the role of assault on the head of Manni by axe thrice prima facie offence under
Section 307 IPC is made out, apart from her there are other injured also, it is not a case of false implication, no case for anticipatory bail is made. Accordingly, the bail application is dismissed .
Order Date :- 6.8.2024 Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant accused of assaulting an individual with an axe.
2 provisions across 2 enactments
Mitthan @ Mohammad Mitthan Miyan
State Of U.P. Thru. Prin. Secy. Home Lko. U.P.
Karunesh Singh Pawar
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
