This single-judge order rejected a bail application by an accused facing charges of assault with an axe and others under the IPC, holding that specific aggravating allegations preclude bail at this stage.
Prayer for bail rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2721 of 2022
Akhilesh Yadav @ Akhilesh Kumar @ Akhilesh Kumar Yadav.…...... Petitioner
Versus
State of Jharkhand. ………… Opp. Party
Coram: Hon’ble Mr. Justice Ananda Sen
For the Petitioner : Mr. B.K.Dubey, Advocate For the State : Mr. Vishwanath Roy, A.P.P.
2/15.03.2022 Defects, pointed out by the office, are hereby ignored for the present.
Heard learned counsel appearing for the petitioner and the learned counsel for the State and have gone through the impugned order.
The petitioner is an accused for allegedly committing offence punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 Indian Penal Code, in connection with Bashisthnagar P.S. Case No. 01 of 2022, pending in the Court of Chief Judicial Magistrate, Chatra.
From the FIR, I find that there is direct allegation against this petitioner of assaulting on the head of the injured by Axe (Tangi) causing bleeding injury.
Counsel for the petitioner submits that the injury is simple in nature and the allegation under Section 379 IPC cannot be attracted against the petitioner.
After hearing the parties and after going through the records, I find that even if Section 379 IPC is not attracted against the petitioner but there is direct allegation of giving Axe blow on the head of the injured causing bleeding injury.
Considering the specific allegation against this petitioner, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, his prayer for bail is hereby rejected.
( Ananda Sen, J )
Mukund/-cp.3
1 issue framed by the court
Whether the petitioner is liable to be granted bail despite direct allegations of assault with an axe causing bleeding injury.
Akhilesh Yadav
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
