SHIVA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

(2.) This application under Sec. 438 of Cr.P.C has been filed seeking anticipatory bail in Case Crime No. 187 of 2024, under Ss. 304, 504 and 34 I.P.C., Police Station Jalalpur, District Jaunpur.

(3.) Counsel for the applicant submits that the applicant was not named in the first information report. As per the allegations in the first information report, the co-accused Sunil Sonkar and other unknown persons are alleged to have assaulted the brother of the informant. According to post-mortem report the deceased received a single injury on his head. After almost one month of the alleged incident the name of the applicant was disclosed by the son of the deceased Himanshu and two persons namely Manjoor Alam @ Firoz and Uma Sonkar. It is contended that the said statements are an afterthought. Further, there are vague and general allegations against the applicant. The author of single injury on the head of the deceased is not known. The named co-accused Sunil Sonkar has been granted bail by this Court vide order dtd. 8/11/2024 passed in Criminal Misc. Bail Application No.38058 of 2024 (Sunil Sonkar vs. State of U.P.). The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.