ANKUR MISHRA Vs. STATE OF U.P.
LAWS(ALL)-2019-10-260
HIGH COURT OF ALLAHABAD
Decided on October 01,2019

Ankur Mishra Appellant
VERSUS
STATE OF U.P. Respondents




JUDGEMENT

Dinesh Kumar Singh, J. - (1.)This application has been filed for cancellation of anticipatory bail granted under Section 438 Cr.P.C. to accused-respondent no.3 (herein after referred to as 'respondent no.3') in F.I.R. No.1194 of 2018 registered under Section 304A IPC, however, later on converted under Sections 304 and 201 IPC, Police Station Chinhat, District Lucknow.
(2.)Allegations in the F.I.R. are that the complainant along with his family on 21.12.2018 at around 8.30 PM went to attend the birthday party of daughter of one of relatives at Hotel Grand Orion, in front of the High Court building, Faizabad Road, Lucknow. The party was organised on the third floor of the hotel. However, the railing of the balcony was not properly fixed and it was just put up by the side of the wall. The 11 years old son of the complainant as soon as went near the railing and touched it, he fell down along with railing on the ground. The son of the complainant was taken to the Lohiya Hospital, Lucknow. However, he was declared brought dead by the doctors. It was alleged that without ensuring the safety of the guests coming to the hotel and in gross negligence, without taking due care to the lives and safety of the guests, the party was organised on third floor by the owner and the manager of the hotel and they played with the lives of guests.
(3.)On the basis of the aforesaid compliant of the father of the deceased, F.I.R. No.1194 of 2018 came to be registered on 22.12.2018 under Section 304A I.P.C. against the owner and the manager of the Hotel Grand Orion.


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