HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4481 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned counsel for the complainant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that on 2.3.2025 at about 5.00 in the evening, the son of the informant Manoj Tiwari while going on foot to his field, in the way near pond, the named accused persons while hurling abuses have beaten him by kicks and fists, lathi danda and sharp edged weapon, due to which, both the hands and both legs have suffered grievous injuries. 3.Learned counsel for the applicant submits that it is a case of false implication. There are major discrepancies in the prosecution case. The investigating officer has acted in a mala fide intention. Attention of this court has been drawn towards the injury report of injured Manoj Tiwari filed as Annexure No.4 to the bail application which shows that Manoj Tiwari sustained eight injuries, however, none of them were on the head. It is submitted that the said injured was brought for medical examination by his uncle Mahesh Tiwari and that the medico legal examination report bears the thumb impression of the injured as a mark of identification. Normally thumb impression is not taken on the injury report. It has been done only to improve the prosecution case. The investigating officer has manipulated the record by switching the identify of the injured Manoj Tiwari with that of the deceased Pawan Tiwari Versus Counsel for Applicant(s) : Anoop Kumar Upadhyay, Ishan Baghel Counsel for Opposite Party(s) : G.A., Seema Upadhyay, Suresh Kumar Pandey Aditya Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) as reflected in the post mortem report, though the medicolegal report of the bail application, also bears the identification of Maheshwari Tiwari, who had taken Manoj Tiwari for medical examination. It is submitted that there were no injuries on the head of the deceased in the medical examination whereas in the anti mortem injuries, injury No.1 is shown as a contusion 8cm x 6cm on the back of the head (occiput) besides several other injuries. Cause of death has been shown as antemortem head injury. It is submitted that the deceased has actually died in a road accident and by switching the identity of the injured Manoj Tiwari with deceased Pawan Tiwari, the applicant has been falsely implicated by the investigating officer. It is submitted that there are other major discrepancies in the medico legal examination report as well as tampering in the PMLC report of the injured. There is overwriting on date and time with a view to fabricate evidence and falsely implicate hte accused applicant. The statement of Dr. Ravi Rajan, posted at District Hospital, Gonda, annexed along with the supplementary affidavit filed today which is taken on record also makes the case of the prosecution doubtful. The applicant has explained criminal history of two cases in the bail application. It is submitted that as per statement of the independent witness, it is Babu Ram, the co-accused who has been assigned causing injury on the head. Cause of death is comma as per post mortem report as a result of ante mortem head injury. Head injury is not assigned to the applicant. The applicant is in jail since 7.3.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. and complainant's counsel opposed the prayer for bail. Learned A.G.A. submitted that there is a video recording of the injured, although he was not able to speak. Number 112 was dialled. There is no discrepancy in the investigation or in preparation of the medical papers. 5.Considering the facts and circumstances of the case, general role has been assigned to the applicant along with other co-accused persons, specific role of causing head injury is not on the applicant, prima facie there appears to be BAIL No. 4481 of 2025 2 variation in the injuries in the medico legal report of the injury as well as in the post mortem report, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Aditya Tiwari involved in case crime No.0082 of 2025 under sections 103 (1), 115(2), 352, 351(3) BNS, P.S. Kotwali Dehat, District Gonda, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A I.P.C. (now 269 BNS). (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). BAIL No. 4481 of 2025 3 7.The application is allowed accordingly. (Karunesh Singh Pawar,J.) September 25, 2025 AKK BAIL No. 4481 of 2025 4 Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench