Neutral Citation No. - 2025:AHC-LKO:27318 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4024 of 2025 Applicant :- Asraf Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashish Raman Mishra, learned counsel for the applicant, Sri Diwakar Singh, learned Additional Government Advocate for the State and Sri Raj Kamal Singh, Advocate, who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 58 of 2025, under Sections 109, 191(2), 191(3), 103(1), 110, 3(5), 351(3) B.N.S., registered at Police Station Huzoorpur, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.03.2025 at 21.13 Hrs. against twelve named accused persons, including the applicant and 4-5 unnamed persons stating that the accused persons named at serial no.1 to 5 (the applicant) are residents of the same village and other named accused persons are their relatives; that because of a political dispute as well as dispute regarding family property all the accused persons attacked the informant's house. They were carrying swords, farsa, gupti and knives and Usman was carrying a country made pistol. All of them assaulted the informant's brother Israil and Mainuddin, nephews Taufeeq and Sonu and the informant's son Mufeed. Sageer and Shakeela had caught hold of Israil and Banney stabbed him causing his death. Abrar and Raju assaulted on the head of the informant's son Mufeed with weapons being carried by them. Aqeel and other accused persons assaulted the informant's nephew Taufeeq and Sonu and brother Mainuddin. 4. The postmortem examination report mentions a lacerated wound 1.0X0.5cm muscle deep resent over left side of chest, a contusion 4X2.5cm present over left temporo occipital region of skull, 5cm above left ear, left ear pinna lacerated and some part missing and a contusion 7X4cm present over right temporoparital region of skull, 4.5cm above right ear. The cause of death has been opined to be coma due to ante mortem head injury. 5. Taufeeq had suffered a lacerated wound over right side frontal region of head skull deep. Mufeed had suffered an injury over frontal region of head but the injury report does not mention whether the injury is a laceration or contusion. Israil's injury form mentions suture wound over occipital area of skull, suture wound present over left side behind ear, suture wound present on left side of skull and a suture wound on left side of head and contusion on left side of forearm. The patient was reported to be alert, conscious and coherent. 6. In the statement of the informant recorded during investigation he reiterated the F.I.R. version. The injured Mufeed also gave a similar statement. One of the injured persons Sonu, son of Israil stated that all the accused persons had assaulted his father Israil with kudal, lathi, farsa, bricks and stones but he further stated that Saheer and Shakeela had caught hold of both hands of his father and Banney had stabbed him. Another injured person Taufeeq had stated that Shakeela, wife of Shakeel, Ashraf (the applicant), Marzeena wife of Ashraf assaulted him with sticks, farsa, bricks and stones. 7. As has already been noted Taufeeq had suffered a solitary lacerated wound on his head. 8. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case because of political animosity. The applicant's involvement in another case bearing Case Crime No.593 of 2017, under Sections 323, 504, 506, 452 I.P.C. Police Station Huzurpur, District Bahraich has been disclosed in para 30 of the affidavit filed in support of the bail application and it has been stated that the applicant has not been summoned in that case as yet. 9. It has further been stated in the affidavit that prior to lodging of F.I.R. in question an F.I.R. No.56 of 2025 was lodged in the same police station at 11.59 Hrs. on 01.03.2025 by the informant's brother co-accused Sageer against four persons namely (i) Mubarak S/o Habib, (ii) Ismail, (iii) Nasruddin, and (iv) Sonu S/o Israil stating that those persons had attacked the applicant's house at 4.30 a.m. on 01.03.2025 and had beaten up Marzeena, wife of Ashraf (the applicant), Badkau, son of Ramzan (applicant's brother). 10. A copy of the site plan prepared by the Investigating Officer has been annexed with the bail application as per which the incident occurred in front of the applicant's house. 11. The learned counsel for the applicant has submitted that the site indicates that the persons from the informant's side had themselves attacked the applicant's house and they were the aggressors. He has further submitted that the applicant and his brother had suffered injuries in the incident as is evident from their medico legal examination report prepared on 04.03.2025 annexed as Annexure No.13 to the bail application, as per which the applicant had stitches on right upper eye brow and his brother Sageer had healed abrasion present on right shoulder, a healed abrasion present on the left shoulder and complaint of pain on glutall region b/l. 12. The learned counsel for the applicant states that the injuries of the applicant and his brother recorded at the time of their medico legal examination conducted while their arrest, remained unexplained, which shows that the prosecution has not come up with complete facts. 13. The learned A.G.A. as well as the learned counsel for the informant have opposed the bail application and they have submitted that four persons have received injuries in the incident and one person has lost his life. The offence is heinous in nature, the investigation is still pending and, therefore, the applicant should not be released on bail at this stage. 14. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that admittedly there is an animosity between the parties and prior to lodging of the F.I.R. in question, another F.I.R. was lodged from the applicant's side on on 01.03.2025 at 11.59 Hrs. stating that persons from the informant's side had attacked the applicant's house and had injured the applicant's wife and his brother; the submission of the learned counsel for the applicant is that the alleged victims were themselves the aggressors and they had attacked the persons from the applicant's side being aggrieved from lodging of F.I.R. from the applicant's side and this submission finds support from a perusal of the site plan which indicates that the incident had occurred in front of the applicant's house; that although the F.I.R. assigns the specific roles to numerous co-accused persons, no specific role has been assigned to the applicant either in the F.I.R. or in the statement of the informant; that one of the injured persons Taufeeq has stated that Shakeela, Ashraf and Marzeena had assaulted him with sticks, farsa, bricks and stones, but he has suffered a solitary injury; another injured person Sonu has stated that ten persons including the applicant had assaulted the deceased Israil with kudal, lathi, farsa, bricks and stones but he has specifically stated that Sageer and Shakeela had caught hold of hands of the deceased and Banney had stabbed him; that although the investigation is said to be still pending, statements of all the injured persons have already been brought on record and the same have been annexed with the bail application and therefore, in spite of the fact that the investigation is still pending and the fact that the applicant has no previous criminal history and he is languishing in jail since 04.03.2025 and without making any observation, which may affect the merits of the case, 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. 15. Accordingly, this bail application stands allowed. 16. Let the applicant-Asraf 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 :- 9.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench