Court No. - 1

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 10518 of 2021

Applicant :- Anis Khan

Opposite Party :- State of U.P.

Counsel for Applicant :- Vishwanath Mishra,Budhi Sagar

Tripathi

Counsel for Opposite Party :- G.A.,Atmaram Nadiwal,Dinesh

Kumar Yadav

Hon'ble Vivek Agarwal,J.

1. Sri Vishwanath Mishra,learned counsel for the applicant Sri

Dinesh Kumar Yadav, learned counsel for informant-

complainant. None for the State though link was sent to the

State.

2. This anticipatory bail application has been filed on behalf of

the applicants namely Anis Khan, S/o Habib, Gayaduddin, S/o

Habid and Mainuddin Khan, S/o Atiullah all residents of village

parsohiya, police station Puranderpur, district Mahrajganj

against whom case crime no. 0086 of 2021 has been registered

on 22.4.2021 at police station Puranderpur, district Mahrajganj

under sections 147, 148, 149, 323, 308, 452, 506 IPC for an

incident which took place on 21.4.2021 at about 7.30 PM. FIR

was lodged on 24.2.2021 at about 4:07 pm.

3. Counsel for the applicant submits that he has directly come to

this court in as much as FIR was lodged on 22.4.2021, at that

time second wave of the Covid-19 pandemic, was on its peak

and the functioning of the District Court was paralysed.

Therefore, applicants have been able to make out an

extraordinary circumstances in the light of the judgment of Five

Judges Bench of this Court in case of Ankit Bharti Vs. State of

U.P. and another; 2020 (3) ADJ 165 (F.B.)., by directly

approaching this Court.

4. According to version of the FIR, eight persons including the

present applicant whose name has been mentioned at serial no.

4 i.e. Anis Khan, S/o Habib, FIR was lodged alleging that

complainant is resident of village parsohiya, police station

Puranderpur, district Mahrajganj.Out of enmity due to

Panchayat election, all the accused persons who are also

residents of same village had approached complainant as he

was contesting election against Maqsood, started abusing the

complainant party. Thereafter they had forcibly entered into the

house of the complainant and had started beating the

complainant party with kicks, fists, sticks, farsa and iron rod.

This incident was seen by Satish, S/o Krishna Deo and Shamim,

S/o Ruab Ali and they tried to intervene when Subhangani had

hit complainant's son Aurangjeb with farsa and Nizamuddin hit

Mubarak with an iron rod and while leaving the place of

incident accused persons threatened the complainant party that

if they approach police station then accused persons will

murder all the family members and therefore there was delay in

lodging of FIR.

5. Counsel for the applicants submits that applicant Anis Khan

has also sustained injuries and injury report is available as

Annexure-3 to this petition. This MLC is dated 23.4.2021 was

carried out at Community Health Centre, Laxmipur, district

Mahrajgnj. As per injury report, injury no. 1 of the applicant

was diagnosed as Lacerated wound 6 cm x 1 cm x bone deep

over left forehead 2 cm above from left eye brow. Blood clot

absent due to previous dressing and cleaning C/o giddiness.

Adv NCCT head referred to District Hospital, Mahrajganj for

expert surgeons opinion and for evaluation and further

management. It is also mentioned and injury no. 2 - wound

measuring 6 cm x 1 cm x bone deep over Antr aspect of head 5

cm above from left eyebrow blood cloth absent due to previous

cleaning and dressing referred to Hospital, Mahrajgaj for expert

/ Surgeons opinion evaluation and further management. Injury

no. 3 - lacerated wound measuring 3 cm x 1 cm x bone deep

over anterior aspect of left leg just below the left knee joint

tenderness. Advised X-ray left knee joint and left leg referred to

District

Hospital,

Mahrajganj

for

expert/orthopadician/Radiologist opinion evaluation and further

management. Lacerated wound size of 2 cm x 1 cm x bone deep