Neutral Citation No. - 2025:AHC-LKO:26829 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1825 of 2025 Applicant :- Raees Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. Counsel for Applicant :- Harpreet Singh,Anuj Mishra,Mo.Jeeshan Ali Ahmad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Harpreet Singh, the learned counsel for the applicant, Sri Rajeev Kumar Verma, the learned A.G.A. for the State and Sri Chandan Srivastava, learned counsel for the informant and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime no. 375 of 2024, under Sections 115(2), 191(2), 351(3), 352, 109, 103(1) B.N.S, registered at Police Station Gosaiganj, District Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 15.09.2024 against six persons, including the applicant and his family members, stating that while the informant was getting sweet Biryani prepared for distributing on the occasion of Barawafat on 15.09.2024, the co-accused Farid started objecting against it and he started hurling abuses. When the informant's brother Shakir opposed, Haseen and Farid assaulted on his head with a spatula due to which he fell unconscious and started bleeding from his nose and mouth. Thereafter, they gave repetitive blows to the informant on his head with the same spatula. The other accused persons started assaulting the informant and his father with a burning log of wood. The informant's brother was taken to the Community Health Center, Gosaiganj while he was unconscious from where he was referred to Lucknow. 4. During investigation, the informant stated that he and his brother was taken to Community Health Center Gosaiganj from where both of them were referred to Civil Hospital, Lucknow. The informant's father was medically examined in Community Health Center, Gosaiganj. 5. The post mortem examination report of the informant’s father mentions a stitched wound with 21 stitches present on right side of head, a contusion on top of right shoulder, a contusion on left side of upper abdomen, a contusion on front of right thigh and superficial to skin deep burn wound 18cm X 08cm on back of right leg and the cause of death has been opined to be Coma due to ante mortem head injury. 6. The medico legal examination report of Nasir mentions as many as 12 injuries. The medico legal examination report of the informant's father Shabir mentions four injuries suffering by him including multiple burned wounds. 7. The spatula used in the incident has been recovered on the pointing out of co-accused Farid Khan. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. The applicant has surrendered before the trial court by giving an application dated 14 11.2024. It has been stated in the affidavit that the applicant is suffering from Schizophrenia. 9. A copy of the charge sheet dated 14.11.2024 has also been annexed with the bail application. 10. Two co-accused persons, namely, Afroz and Suraiyya have been granted bail by means of orders dated 06.02.2025 passed by this court in Criminal Misc. Bail Application Nos. 172 of 2025 and 345 of 2025, respectively but one of the considerations for granting bail to those co-accused persons was that they are women. 11. The State has filed a counter affidavit opposing the bail application and copies of material collected during investigation and a copy of charge sheet have been annexed with the bail application. 12. The learned counsel for the applicant has submitted that the incident took place without any premeditation, due to a sudden quarrel; no weapon was used in the incident and the entire family of the applicant has been implicated in causing the incident. He has further submitted that the allegation against the applicant is that he had assaulted with a burning piece of firewood, which injury has not resulted into death of the deceased. He has further submitted that as two co-accused persons have already been granted bail and the applicant's mental health is poor and he is suffering from Schizophrenia, the applicant is also entitled to be release on bail. 13. Per contra, the learned A.G.A as well as the learned counsel for the informant has submitted while opposing the bail application that the manner in which the incident was caused giving numerous blows to three persons resulting in death of a person does not warrant release of the applicant on bail. 14. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the incident might have erupted suddenly, a number of injuries inflicted on the injured persons and the deceased indicates that the blows were inflicted in an extremely cruel manner indicating mental depravity of the assailants. The two co-accused persons who have been granted bail, are women and this factor has been taken into consideration while ordering their release on bail. Therefore, the applicant is not entitled to be released on bail on the ground of parity. 15.Without making any observations which may affect the outcome of the case, this Court is of the considered view that the aforesaid facts do not warrant exercise of discretion of this Court in favour of the applicant by enlarging the applicant on bail. 16. Accordingly, this bail application stands rejected. (Subhash Vidyarthi,J.) Order Date :- 7.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench