AI Structured Summary
Not yet generated for this judgment
Judgment
Subhash Vidyarthi, J
Heard Sri Dharmendra Kumar Trivedi, the learned counsel for the applicant, Sri Anurag Verma, the learned AGA-I for the State and perused the records.
The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 200 of 2023, under Sections 147, 323, 504, 506, 307 IPC, Police Station Jais, District Amethi.
The aforesaid case has been registered on the basis of an FIR lodged on 24.06.2023 against two named persons, not including the applicant, and four unknown persons, alleging that the accused persons had beaten up the informant with kicks and fists, at about 10;00 pm on 26.03.2023. The FIR alleges that the named accused persons had tried to strangulate the informant. In the medico legal examination report of the informant mentions complaint of pain at neck region, difficulty in swallowing, complaint of pain in right forearm and a hemorrhage in eye, all of which are simple in nature.
The applicant was not named in the statement of the informant recorded under Section 161 Cr.P.c. and he was named only in the additional statement of the informant.
In the affidavit filed in support of the application, it has been stated that the applicant is innocent, he has falsely been implicated in the present case and that he has no criminal history.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has suffered simple injuries in the incident and the allegation of attempted strangulation has been levelled against the named accused persons; that the applicant has been named only in the additional statement and the source of knowledge of the applicant's name has not been disclosed in the additional statement, coupled with the fact that the applicant has no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.
In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Ashish Kumar Mishra before the learned Trial Court in the aforesaid case, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:
(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;
(ii). That the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). That the applicant shall not pressurize/ intimidate the prosecution witness.