High Court
Case Details
Court No. - 66 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9076 of 2022 Applicant :- Mohit Yadav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Pandey,Satya Prakash Rathor Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Legal Reasoning
Heard Sri Ashish Pandey, learned counsel for the applicants and Sri B.B. Upadhyay, learned counsel for the State and perused the record. The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicants Mohit Yadav, Munna Yadav @ Munnalal, Kapil Yadav, Narayan Singh and Rohit Yadav, seeking anticipatory bail, in the event of arrest in Case Crime No. 494 of 2020, under Sections 147, 148, 149, 323, 504, 506, 427, 307 IPC, Police Station Kotwali, District Jhansi. The prosecution case as per the First Information Report lodged on 15.10.2020 by Sovran Singh Yadav against the applicants and Jagbhan Yadav is that on 14.10.2020 the first informant along with his elder son Karan Singh and cousin brother Brij Mohan Yadav were working with JCB machine in his ancestral land. Around ten months back, the Lekhpal and Kanoongo were called who had measured and demarcated the said field and cement pillars were fixed for identification of the land. The land was taken out from the occupied land of Munna Lal and his family members which was given into possession of the first informant by the Lekhpal after which the accused persons started having enmity with him. At about 5-6 pm, the first informant with his son Karan along with cousin brother Brij Mohan Yadav was going from the field to his house where all the accused persons armed with lathi, danda and licensed gun to ambush in field and attacked them, abusing and started assaulting on which Karan told them that he was working on his field, on which, the accused persons exhorted them and Jagbhan Yadav with butt of his gun started assaulting. His cousin brother and Brij Mohan were also assaulted with lathi, danda and fists. Munna with lathi, Mohit with kicks and fists, Kapil with kicks assaulted the first informant. The JCB machine which was being used for levelling of the said land, was also being brought by its driver who was also assaulted and the said vehicle was also damaged. Karan and cousin brother of the first informant have received injuries. The injured persons kept lying there. Information about the said incident was passed to the house of the first informant by someone from where they were taken to the police station and then to the hospital for medical and treatment. They have been given treatment. The First Information Report has thus been lodged. Learned counsel for the applicants argued that the applicants have been falsely implicated in the present case. It is argued that in so far as the injuries of the injured persons are concerned, the said injuries are false and fabricated. It is argued that Sovran Singh Yadav received two injuries on his body and doctor opined both the injuries are to be simple in nature, Karan Singh received one injury which was also opined to be simple in nature. Brij Mohan Yadav was found to have received three injuries out of which the injury no.1 was opined to be simple in nature whereas the other two injuries were kept under observation. Sovran Singh Yadav was subjected to NCCT Scan of the brain and the doctor found extracranial oval shaped foreign body seen in left side frontal scalp. It is argued that the same was simple in nature. Even the doctor performed a surgery procedure of Sovran Singh Yadav for the superficial foreign body which was taken out but there was no identification of the said metallic piece with regards to the same being a gun shot discharge. It is argued during the period of investigation, the applicants approached this Court in Crl. Misc. Anticipatory Bail Application No. 8365 of 2020 (Narain Singh and 3 others Vs. State of U.P.) in which vide order dated 01.12.2020 they were granted anticipatory bail till submission of police report under Section 173(2) Cr.P.C. Copy of the order has been annexed as annexure 18 to the affidavit. Further, Munna Yadav @ Munnalal approached this Court by filing Crl. Misc. Anticipatory Bail Application No. 168 of 2021 (Munna Yadav @ Munnalal Vs. State of U.P. and another) in which he was granted anticipatory bail vide order dated 21.01.2021 till submission of police report under Section 173(2) Cr.P.C. Further, Jagbhan approached this Court by filing Crl. Misc. Anticipatory Bail Application No. 195 of 2021 (Jagbhan Yadav Vs. State of U.P. and another) in which he was also granted anticipatory bail vide order dated 21.01.2021 till the submission of police report under Section 173(2) Cr.P.C. Copy of the said orders are annexed with the said affidavit. Learned counsel has further argued that subsequently Jagbhan Yadav after filing of charge sheet approached this Court by filing Crl. Misc. Anticipatory Bail Application No. 4216 of 2022 (Jagbhan Yadav Vs. State of U.P. and another) in which vide order dated 20.07.2022 he has been granted anticipatory bail. Copy of the order is annexed as annexure 20 of the affidavit in support of anticipatory bail application. It is argued that as such the applicants may be enlarged on anticipatory bail. Per contra, learned counsel for the State opposed the prayer for anticipatory bail and argued that the applicants are named in the First Information Report. They have committed the said offence. There are specific role assigned therein. Three persons have received injuries. A supplementary medical examination report was given by the doctor with regards to Sovran Singh Yadav in which the injury was opined to be grievous in nature. It is argued that the use of firearm in the present matter, is apparent from the injury received by Sovran Singh Yadav. It is argued that as such the application of the applicants be dismissed. After having heard the counsels for the parties and perusing the records, it is evident that the applicants are named in the First Information Report. Three persons received injuries. One person has received gun shot injury. The supplementary medical report of the injured, the injury being grievous in nature. I do not find it a fit case for interference. Accordingly, the anticipatory bail application is rejected. Order Date :- 25.11.2022 M. ARIF (Samit Gopal, J.) Digitally signed by MOHAMMAD ARIF Date: 2022.11.25 17:17:59 IST Reason: Location: High Court of Judicature at Allahabad