Neutral Citation No. - 2025:AHC:2526 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41653 of 2024 Applicant :- Ashok Opposite Party :- State of U.P. Counsel for Applicant :- S.S. Rajput Counsel for Opposite Party :- G.A.,Shiv Sharan Tripathi Hon'ble Ashutosh Srivastava,J. Heard Shri S.S.Rajput, learned counsel for the applicant, and Shri S.K.Rai, learned A.G.A -Ist, for the State respondents and perused the record. This bail application under Section 439 Cr.P.C., has been moved on behalf of accused-applicant, Ashok, seeking enlargement on bail in Case Crime No. 143 of 2024, under Sections-323, 504, 506, 307, 32, 326 I.P.C., Police Station Kotwali Sasni, District-Hathras. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 14.06.2024. First Information Report was lodged on 04.05.2024 whereas the incident took place on 02.05.2024. The delay of two days has not been explained. It is a cross case version. Both sides have sustained injuries. As per prosecution version it is alleged that on 02.05.2024 the complainant was going towards his tube well he saw the accused persons abusing and beating the father of the complainant, and when he stopped them, the applicant bring Gainti and given blow over the head of Shankar Lal. Learned counsel for the applicant further submits that the real fact is that on 02.05.2024 the applicant Ashok was badly beaten by the injured Shankar Lal and his two sons namely Jitendra and Sandeep. First Information Report of the said incident was lodged by the wife of applicant through an application under section 156 (3) Cr.P.C. on 18.06.2024 which has been annexed as Annexure no. 6 to the affidavit filed in support of bail application. The accused applicant himself has surrendered before the Court below on 14.06.2024 and he was send to jail. The alleged recovery was made after one month and 27 days of the incident from an open place without any independent witness. Learned counsel for the applicant has relied upon a judgment passed by the Supreme Court in case of Nand Lal and others vs. The State of Chhatisgarh .He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Shri S.K.Rai, learned A.G.A. Ist, vehemently opposed the bail application of the applicant stating that in the First Information Report, itself it has been specifically stated that the applicant Ashok has given blow of Gainti over the head of the injured with an intention to kill the injured. In the discharge summary according to the N.C.C.T. Head Report, it has been averred that Left Fronto Parietal Depressed Bone Fracture with Left Fronto parietal Hemorrhage Contusion. He further submits that the First informant Jitendra Kumar, eye witness Sandeep Kumar, Ram Kripal and Jaypraksh had given the same statement that the applicant has given blow of Gainti over the head of the injured with an intention to kill the injured. He further submits that the offence is heinous in nature hence the present bail application of the applicant is liable to be rejected. Considering the aforesaid facts, circumstances, Statement of the eye witnesses, medical report and heinousness of offence, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, there appears to be no ground for bail. Accordingly, this Bail Application stands rejected. Order Date :- 6.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad