Applicant sought anticipatory bail in a group assault FIR where two persons suffered simple injuries. Court noted he was being proceeded with under Section 149 IPC and counsel raised no argument that the assembly was not unlawful. The application lacked merit and was dismissed.
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Neutral Citation No. - 2024:AHC:136395
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6942 of 2024
Applicant :- Santosh Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Singh Dahiya Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Injury report of Devendra:
"1). LW 4 cm x 1.5 cm x muscle deep. Present over left side skull. 7 cm above left side Ear. KUO Advised for X-Ray. Skull Bleeding Present.
2) I.W 2 cm x .2 cm x muscle deep. Present over Forehead 6 cm above Nasal Bridge. Two stitch given. Bleeding Present.
3) Traumatic swelling 4 cm x 2 cm. Present over left side Forehead 4 cm above left eyebrow.
4) L.W. 1 cm x .5 cm. Present over left side Forehead 10 cm above left side of skull.
5) Abrasion (1 cm x 1cm). Present over left side Neck region 3 cm below left ear.
6) Multiple linear abrasion. Large No. size 13 cm x 8 cm. Present over left forearms. 2 cm below left elbow joint, anteriorly KUO and Advised for X-Ray. Bleeding present.
7) Complaint of pain in left side chest. KUO and advised for X-Ray.
8) Complaint of pain in Right Lower Limb.
Opinion: Injury No.1, 3, 4, 5, 7 and 8 caused by hard and blunt object. Simple in nature. Except Injury No.1, 6 and 7 KUO and refer to X-Ray at District Hospital Sector 30 Noida. Nature can be given after X-Ray report.
Injury No.2 and 6 caused by light sharp object. Simple in nature. Bleeding present. Duration about Fresh."
Injury report of Ved Prakash
"1) L.W. 3 cm x .5 cm x skin deep (Blood Present). Present over left side of skull 10 cm above from left ear. KUO and Advised for whole skull.
2) L.W. 2 cm x .5 cm x skin deep (Blood Present). Present over left side of occipital region. 8 cm above from left ear. KUO and Advised for X-Ray.
3) Incised wound 3 cm x 0.3 cm x skin deep. Present over right side of occipital region. 8 cm away from right ear. KUO and Advised for X-Ray.
4) L.W. 1.5 cm x .2 cm x muscle deep. Present over mid of forehead. 2 cm above nasal bridge.
5) Contusion 1 cm x .2. Present over right side face. 2 cm below right eye.
6) L.W. 3 cm x 0.5 cm. Present over left side of cheek. 3 cm below left eye.
7) L.W. 5 cm x 2 cm x skin deep. Present over left lower leg. 10 cm below left knee joint.
8) L.W. 2 cm x 1 cm x skin deep. Present over right lower limb. 18 cm below right knee joint medially
9) Complaint of pain in left hand. Dorsal aspect.
Opinion:
Injury No.3 caused by sharp object. Simple in nature.
Injury No.1, 2, 4, 5, 6, 7, 8, 9 caused by hard and blunt object. Simple in nature. Except Injury No. 1, 2, 3 KUO and Advised for X-Ray. Nature can be given after X-Ray report. Duration about Fresh."
The allegation against applicant is that applicant along with other co-accused persons have assaulted. It is further to be seen in the present case that applicant is also being proceeded with under Section 149 IPC. No submission has been advanced by learned counsel for the applicant that assembly was not unlawful and that provision of Section 149 IPC would not be attracted.
Order Date :- 27.8.2024 D. Tamang
Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant accused under Section 149 IPC of assaulting two injured persons.
1 provisions across 1 enactments
Santosh
State of U.P.
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
