Neutral Citation No. - 2025:AHC-LKO:27105 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2768 of 2025 Applicant :- Jibrail Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jaikaran Counsel for Opposite Party :- G.A.,Mohd. Shamshad Khan Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Jaikaran, learned counsel for the applicant, Sri Ajeet Singh, learned Counsel 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.0235 of 2024, under Sections 323, 325, 352, 504, 506, 307 and 302 I.P.C., registered at Police Station Deed, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.06.2024 against six persons, including the applicant, stating that while the informant's sons Shameer and Khursheed were returning after closing their saloon at Tekari Dadoo, all the accused persons assaulted them with hockey and rod at about 8.30 p.m. on 20.06.2024. Her elder son Khursheed died while being taken for treatment to Raebareli and the younger son Shameer suffered grievous injuries and a fracture in his leg and he was treated in the hospital. 4. The postmortem examination report of the deceased mentions an abrasion of size 7cm x 5cm present on right forearm, a lacerated contusion of size 9cm x 5cm present on left arm, contused swelling of size 6cm x 5cm present on left hand dorsal aspect, abrasion of size 5cm x 1cm present on right leg, abrasion of size 4cm x 1cm present on left leg, contused swelling of size 6cm x 4cm present underneath left lung. The cause of death has been opined to be hemorrhage and shock due to antemortem injuries. 5. The other son of the informant received a fracture of tibia bone of left leg. 6. In the statement of the injured- Shameer, he reiterated the FIR version and he stated that while he and his brother were returning from their shop, the accused persons intercepted them and the co-accused Saud asked them as to why they had beaten his father. Upon this, all the accused persons had assaulted them with sticks and iron-rods. Upon hearing the hue & cry raised by them, several villagers came there upon which the accused persons ran away. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history, and he is languishing in jail since 22.06.2024. 8. Learned counsel for the applicant has submitted that the victims had suffered injuries in an accident in which they fell down from the motorcycle and they have falsely implicated the applicant and other accused persons due to an old animosity. 9. It has also been submitted on behalf of the applicant that the co-accused Alijaan and Shahrukh Khan have already been enlarged on bail by this court by means of orders dated 05.05.2025 and 25.04.2025, passed in Criminal Misc. Bail Application Nos.3782 of 2025 and 10860 of 2024 respectively. The learned counsel for the applicant has further submitted that a stick has been recovered on the pointing out of the applicant and that the sticks were recovered on the pointing out of both the co-accused persons Alijaan and Shahrukh Khan who have already been granted bail. 10. The State has filed a counter affidavit annexing therewith copies of relevant material collected during investigation and the relevant extracts of case diary. Learned counsel for the State has opposed the bail application and submitted that the allegations have been established during investigation and, therefore, a charge-sheet has been filed against four accused persons. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the nature of injuries suffered by both the victims, prima facie, it appears that it cannot be ruled out that they might have suffered the injuries in an accident and without making further observation and keeping in view the fact that the applicant is a young man having no criminal history, he is languishing in jail since 22.06.2024, whereas the investigation already stands concluded and two co-accused persons Shahrukh Khan and Alijaan have already been enlarged on bail by this court, I am of the view that the applicant is entitled to be released on bail. 12. Accordingly, this bail application stands allowed. 13. Let the applicant-Jibrail be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 8.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench