Abhishek Kumar vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Vakalatnama filed by Shri Atul Verma, Advocate on behalf of respondent no.2 is taken on record. Supplementary affidavit filed on behalf of the respondent no.2 is taken on record.

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The present application under Section 438 Cr.P.C./482 BNSS has been filed seeking anticipatory bail in FIR/Case Crime No.53 of 2026, under Sections 118(2), 352, 351 (3) B.N.S., Police Station Motigarpur, District Sultanpur.

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As per prosecution case, on 1.3.2026, at around 7.15 P.M. the informant of the case was returning home at that time, the accused persons namely Abhishek Kumar (applicant) and Prem Kumar came on their bike and on account of old enmity, starting abusing him. The applicant Abhishek Kumar was carrying an iron rod with which he gave a blow in informant's eye which caused serious eye injury. Thereafter, the accused persons escaped. On listening hue and cry, some persons helped him in carrying the injured to the Prima Health Care

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NABAIL No. 667 of 2026

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2

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Centre, Motigarpur where his primary treatment was conducted and thereafter on 5.3.2026, the informant lodged the F.I.R.

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Learned counsel for the applicant submits that the medical of the informant/injured was conducted on 5.3.2026 in which three injuries were found present on him and all were found near left eye. The nature of injury was noted as simple in nature. There was no independent witness of the alleged incident. It is a case of false implication. He has not committed any offence as alleged in the prosecution story. Moreover, the applicant has no criminal antecedent.

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Learned A.G.A. and learned counsel for the respondent no.2 opposed the anticipatory bail application.

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Learned counsel for the respondent no.2 submits that while the complainant was riding his motorcycle, the applicant alongwith other approached from behind on their own motorcycle and assaulted him by striking his left eye with an iron rod as a result of which, the complainant sustained severe injuries and suffered significant visual impairment in the said eye. Owing to the aforesaid injuries and consequent visual impairment, the complainant is unable to personally appear before this Court.

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From perusal of the record, it transpires that the complainant has sustained the following injuries :-

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"Lacerated wound 1 cm x 0.3 cm x skin deep left eye orbit. Lower part at medial side, 2cm below from left eyebrow.

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2. Swelling 5 cm x 4 cm just below left eye.

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3. complain of diminission of vision from left eye after injury."

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Considering the facts and circumstances of the case particularly the medical report of the complainant dated 5.3.2026 ; the applicant is named accused in the F.I.R.; the seriousness of the severe injuries caused to the complainant, no ground for grant of anticipatory bail is made out.

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NABAIL No. 667 of 2026

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3

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Accordingly, the anticipatory bail application is rejected.

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(Rajeev Bharti,J.)

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April 23, 2026 Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Abhishek Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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Abhishek Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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