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Judgment
Amol Rattan Singh, J
Learned counsel for the petitioner submits that the petitioner not having been attributed any injury punishable under Section 326 of the IPC, and as regards the injury which may attribute the commission of an offence punishable under Section 325 of the Code, that being a bailable offence, he deserves the concession of anticipatory bail.
Having considered the matter, even if no injury as may be considered to be an offence punishable under Section 326 of the IPC is made out, the fact remains that the petitioner along with 7 others (as per the FIR, with 3 stated to have been found innocent, thereby meaning that there were 4 others with him), has been attributed with causing injuries on the head of the complainant with a LATHI, and consequently, as regards the concession of anticipatory bail, I do not think that he is entitled to such concession. Obviously, if he is arrested and he files an application seeking the concession of bail under the provision of Section 439 of the Cr.P.C., that would be considered wholly on its own merits, regardless of the observations made herein above.
Dismissed.
