Neutral Citation No. - 2025:AHC-LKO:17924 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2664 of 2025 Applicant :- Vinit Kumar Yadav Opposite Party :- State Of U.P. Thru. Principal Secy. Home Lko. Counsel for Applicant :- Manish Bajpai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Manish Bajpai, learned counsel for the applicant, Shri Ambrish Verma, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.220 of 2024, under Sections 302, 427, 452, 307, 323, 504 I.P.C. registered at Police Station- Deeh, District- Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.06.2024 against four persons, including the applicant, stating that the informant's house remains vacant. House of the co-accused Ajay Kumar is adjacent to informant's house. Ajay Kumar had constructed a new wall thereby including some portion of the informant's house in his own property. Upon objecting against it, all the accused persons entered the informant's house at about 11:00 AM on 11.06.2024 and assaulted the informant and his family members due to which his brother Puneet fell unconscious. The informant, his uncle Ramphal and brother Shailendra also suffered numerous injuries. The informant's brother Puneet was referred to Trauma Centre, Lucknow and Uncle was referred to District Hospital, Raebareli. Puneet died during treatment at Lucknow on 16.06.2024. The postmortem examination report mentions two stitched wounds on the right side of the head. The cause of death has been opined to be coma due to antemortem head injury. The informant reiterated the F.I.R. version in his statement given to the Investigating Officer. Other injured persons Ramphal and Shailendra also reiterated the same version and so did another eye-witness Smt. Deepa Yadav. 4. In the affidavit filed in support of the bail application, it has been stated prior to lodging of the F.I.R. in question, F.I.R. No.219 of 2024 was lodged by the applicant's mother at 13:08 hours on 11.06.2024 under Sections 323, 504, 506, 452, 427 I.P.C. against four persons, including the informant Mukesh and the deceased Puneet, besides the two other injured persons Shailendra Yadav and Ramphal Yadav alleging that while a wall being constructed in the ancestral house of the applicant, persons from the other side demolished the wall and assaulted persons from the applicant's side, causing injuries to several persons. 5. Four persons, including the applicant himself, have suffered numerous injuries in the incident. A copy of the injury report of the applicant shows that he has suffered as many as 10 injuries caused by hard and blunt objects, although the injuries are simple in nature. 6. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions received by him, he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 19.08.2024. 7. Learned counsel for the informant has also vehemently opposed the bail application and he has submitted that the offence caused by the applicant is serious in nature. He has further submitted that the F.I.R. from the applicant's side has been lodged belatedly as an after thought. 8. However, a perusal of both the F.I.R.s makes at manifest that the F.I.R. against the applicant bears No.220 of 2024 and it has been lodged at 15:55 hours on 11.06.2024 whereas the F.I.R. from the applicant's side bears No.219 of 2024 lodged at 13:08 hours. Therefore, submission of the learned counsel for the informant that the F.I.R. from the applicant's side has been lodged belatedly as an after thought, is misconceived. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that apparently, the incident took place due to a scuffle between the parties regarding some property dispute in which numerous persons from both the sides have received numerous injuries; that the applicant has himself suffered as many as ten injuries; that the F.I.R in question does not make any mention of the injuries suffered by the applicant and other persons from his side, which shows that the F.I.R. does not disclose the complete facts and that the applicant is a young man aged 20 years having no criminal history, he is languishing in jail since 12.06.2024 and the investigation already stands completed, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Vinit Kumar Yadav be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 1.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench