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SUBHASH VIDYARTHI
Devendra Bahadur Singh @ Devendra – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home – Respondent
JUDGMENT :
1. Heard Sri Dheeraj Awasthi, the learned counsel for the applicant, Sri Akhilesh Kumar Vyas, the learned AGA-I for the State and perused the records.
2. The instant application has been filed by the applicant seeking anticipatory bail in an FIR bearing Case Crime No. 373 of 2021, under Sections 308, 325, 323, 504, 506 IPC, Police Station Maurawan, District Unnao.
3. The aforesaid case has been registered on the basis of an FIR lodged on 20.08.2021 against four persons, including the applicant, alleging that because of an old animosity all the accused persons had beaten up the informant and his family members with sticks, causing injuries to four persons.
4. In the statement, the number of injured persons increased to five and all the five injured persons have been examined medically. An x-ray examination report of one injured person mentions fracture on skull.
5. It has been stated in the FIR that an FIR of the incident was lodged from the side of the applicant also on the same day, which has been registered as FIR No. 374/2021, under Sections 323, 504, 506, 452, 308 IPC, against four persons, alleging that all those persons had beaten up and caused injuries to three persons
Granting anticipatory bail based on the circumstances of the case, including the old animosity between the parties and the injuries sustained by both sides.
The court has the discretion to grant anticipatory bail based on the facts and circumstances of the case, and may impose conditions to ensure cooperation with the investigation and prevent tampering ....
Anticipatory bail can be granted when allegations are general and injuries are not grievous.
The court considered the absence of any overt act attributed to the applicant by the injured complainant as a key factor in granting anticipatory bail under section 438 of the Cr.P.C.
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