Dismissed

Mitthan @ Mohammad Mitthan Miyan v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

Allahabad HC20 Jun 2024ABAIL/1359/2024

Case brief

AI extract

What is this about?

Single judge dismissed an anticipatory bail application where the accused faced grave injuries on vital parts of the head by an axe. The court held a prima facie case under Section 307 IPC existed and no false implication was found.

What did the court decide?

Anticipatory bail application dismissed; no protection granted pending trial.

Mitthan @ Mohammad Mitthan Miyan vs State of… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:53998

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1359 of 2024

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Applicant :- Mitthan @ Mohammad Mitthan Miyan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Another

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Counsel for Applicant :- Surya Kumar Counsel for Opposite Party :- G.A.,Dinesh Kr. Chaudhary

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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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.

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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.

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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.

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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

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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 .

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Order Date :- 6.8.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Mitthan @ Mohammad Mitthan Miyan v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

Case brief

What is this about?

What did the court decide?

Mitthan @ Mohammad Mitthan Miyan v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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