Single-judge order dismissing an anticipatory bail application. The court found prima facie evidence of the applicant's role in the crime based on injury reports and cited injury reports submitted during the hearing.
Application for anticipatory bail dismissed.
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Neutral Citation No. - 2024:AHC-LKO:63774
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2066 of 2024
Applicant :- Akhilesh Kumar Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Counsel for Applicant :- Manoj Kumar Misra,Nishit Upreti Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for respondent State.
The present application has been filed by the applicant seeking anticipatory bail in Case Crime No.322 of 2024 under Section 147, 148, 149, 160, 188, 268, 307, 323, 325, 336, 352, 427, 504, 506 IPC and Section 7 Criminal Law Amendment Act, Police Station P.G.I, District Lucknow.
Perused the record.
It appears that three F.I.R.s regarding one incident has been lodged. FIR No.321 of 2024 Police Station PGI, District Lucknow has been lodged by Virendra Kori against Akhilesh Kumar Rawat and others in which three persons have received injuries. Second FIR i.e. FIR No.318 of 2024 Police Station PGI, District Lucknow has been lodged by Soni Rawat and the third is the present F.I.R. i.e. FIR No.322 of 2024 has been lodged by the Sub-Inspector Vikas Kumar Tiwari.
From perusal of the present FIR it appears that allegation has been leveled on the accused persons including the applicant. Mukesh Tiwari has also been shown to be injured in this case in which his leg has been broken. The applicant has been arrayed
as accused in this FIR also apart from the FIR registered by Virendra Kori.
Learned A.G.A. submits that Ashutosh Singh, Amit Kumar Singh and Govind Kumar Ojha injured have taken name of the applicant along with the others. Role of the applicant is in commission of the crime is prima facie evident from perusal of the injury reports. No case for false implication is mad out.
In view of the above, the application is dismissed.
Order Date :- 13.9.2024
Madhu
Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. given the prima facie evidence of criminal role.
10 provisions across 2 enactments
Akhilesh Kumar Rawat
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Karunesh Singh Pawar
As recorded by the court registry
3 orders share this CNR
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