1. Heard Mr. Abhishek Verma, learned counsel for the applicant and Mr. J.S. Virk, learned Deputy Advocate General, assisted by Mr. Rakesh Joshi, learned Brief Holder for the State.

2. This Anticipatory Bail Application is directed in connection with FIR No. 474 of 2023 dated 08.12.2023, registered at P.S. Vikas Nagar, District Dehradun against the applicants - Harveer Singh, Abhishek and one other accused Subham under Sections 323/506 of IPC by the informantRadhey Shyam.

3. During the course of the investigation, Sections 325 and 307 of IPC were added, keeping in view the serious injuries suffered by the injured persons in the incident.

4. The case of the prosecution, as unfolded in the First Information Report, the informantRadhey Shyam along with his wife Sweta were standing outside of his house at 9 am on 08.12.2023, when the applicants and one Subham armed with the danda ¼MaMk½ and Brick ¼bZ aV½ came on the spot and assaulted them.

5. In the said incident, the informant and his wife sustained serious injuries and according to the informant-Radhey Shyam, an assault was made to kill the informant and his wife.

6. It is contended by the learned counsel for the applicant that a First Information Report No. 475 of 2023 was also lodged by the mother of the coaccused Subham on 07.12.2023 against the informant-Radhey Shyam, his wife-Sweta and 7 other accused persons under Sections 323, 427, 504, 506, 147 and 148 of IPC which is annexed as Annexure 2 to this Anticipatory Bail Application.

7. It is submitted by the learned counsel for the applicant that there is possibility of a compromise between the parties because they are distant relatives and are living in the same area and the alleged incident is said to have taken place due to some property disputes.

8. The attention of this Court is drawn by the learned counsel for the applicant on an affidavit which has been submitted by the informant-Radhey Shyam (Annexure-3 to the Anticipatory Bail Application) during the investigation, wherein an averment was made by the informant-Radhey Shyam, that being an illiterate person, he signed the papers, on the premise, that some compromise were being entered into between the parties, which resulted into lodging of the First Information Report against the applicants and, he categorically stated that the injury which was sustained by him was due to fall on the ground.

9. Per contra, learned Deputy Advocate General for the State has submitted that keeping in view the injuries which were sustained by the informant, this is not a fit case for granting anticipatory bail to the applicants.

10. Having considered the submissions made by the rival counsel for the parties and the Court is merely swayed by the injuries, which were sustained by the injured, which is described in the rejection order of the Anticipatory Bail, by the learned Additional Sessions Judge, Vikas Nagar, District Dehradun, vide order dated 30.01.2024, i.e. depressed fracture on the forehead and the bone of the scull went deep into the brain, which resulted into surgery of the injured person.

11. Keeping in view the severe nature of injuries sustained by the informant-Radhey Shyam, this Court is not inclined to grant Anticipatory Bail to the applicants.

12. Accordingly, the Anticipatory Bail Application is hereby rejected.