Ramsahay Maurya v. State of U.P. and 2 Others

Neutral Citation No. - 2024:AHC:112392

Court No. - 73

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5462 of 2024

Applicant :- Ramsahay Maurya Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akshay Gupta,Chandra Prakash Pal Counsel for Opposite Party :- G.A.,Neelesh Kumar Mishra

Hon'ble Vikram D. Chauhan,J.

1. Heard learned counsel for the applicant as well as learned AGA and perused the material available on record.

1. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Ramsahay Maurya in Case Crime No. 119 of 2023, under Sections 323, 504, 506 and 308 I.P.C., Police Station - Dhanapur, District - Chandauli.

1. It is submitted by learned counsel for the applicant that the First Information Report was lodged on 8.8.2023 in respect of occurrence of the same day by Bajrangi Maurya with the allegation that nominated accused persons have assaulted with sticks as a result of same injured have suffered injuries. There are four injured in the present case. It is submitted that injuries of injured Dharamraj Maurya are simple in nature, which has been caused by hard and blunt object. Learned counsel for the applicant has further referred to injury of Jay Prakash Maurya to submit that injury of Jay Prakash Maurya was referred for X- ray of left elbow. There was complaint of pain at that point of time. Learned counsel for the applicant has further referred to injury report of Nidhi Maurya, which is simple in nature. It is further submitted by learned counsel for the applicant that injury of Bajrangi Maurya was caused by hard and blunt object and there was lacerated wound at the back of head. Learned counsel for the applicant submits that initially the FIR was lodged under Sections 323, 504 and 506 IPC, however, during investigation NCCT head of Bjrangi Maurya was held and report was submitted on 8.8.2023 and there was fracture in left temporal bone. Learned counsel for the applicant submits that subsequently on the basis of NCCT head report the doctor has made statement that injuries are grievous in nature and after that Section 308 IPC has been added. It is submitted that applicant and the injured are family members and there is dispute with regard to land. Learned counsel for the applicant has further