Neutral Citation No. - 2025:AHC-LKO:46143 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1000 of 2025 Applicant :- Ankit Shukla And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Sakshi Singh,Sameer Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sameer Singh, learned counsel for the applicants, Shri Nagarjun Pandey, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on anticipatory bail in Case Crime No.0364 of 2025, under Sections 3(5), 126(2), 109(1), 115(2), 352 and 351(3) of B.N.S., 2023, registered at Police Station Kotwali Dehat, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.07.2025, against six named persons including the applicants and two unknown persons, stating that all the accused persons had assaulted with sticks and butts of the revolver and rifle the informant and his driver Papplu and one Sageer Ahmad, who came to their rescue, was also beaten up. The initial report of the informant mentions an incised wound on right side of head, lacerated wound on mid of forehead and a contusion on right side of forehead and complain of pain all over body. Sageer suffered four injuries i.e. two abrasions on Rt forehead, one abrasion on anterior aspect nasal bridge and a contusion and edema on inner aspect of left side of upper lip and he had complain of pain all over the body. The informant's driver Paplu had complain of pain all over the body. 4. In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent persons, they have been falsely implicated in the present case and they have no criminal history. 5. The learned counsel for the applicants has submitted that co- accused, Avshesh Singh, Monu Singh and Kallu have been granted bail by means of an order dated 29.07.2025 passed by the court below. 6. Learned counsel for the applicants has relied upon the decision rendered by Co-ordinate Bench of this Court (titled: Lalman vs. State of U.P.) passed in Criminal Appeal No.159 of 1992 decided on 17.05.2019. This appeal was filed against an order of conviction and sentence passed by the Special Judge; obviously after considering the evidence led during the trial. After taking into consideration the allegations and the evidence in the aforesaid case, the Co-ordinate Bench came to the conclusion that no case under Section 307 I.P.C. is made out in the aforesaid case as the injured persons have sustained merely one scorched abrasion on the outer aspect of her right arm and one scorched abrasion of her right knee. 7. In the present case, the injuries suffered by the informant are an incised wound on right side of head, lacerated wound on mid of forehead and a contusion on right side of forehead and the injuries suffered by Sageer suffered four injuries i.e. two abrasions on Rt forehead, one abrasion on anterior aspect nasal bridge and a contusion and edema on inner aspect of left side of upper lip. The aforesaid injuries are caused by sharp edged weapon on head of the informant which is vital part of the body. The lacerated wound on the forehead also indicates that the informant was assaulted on his forehead with a hard and blunt object causing injuries on the vital part of the body. Therefore, when the informant categorically states that he had been assaulted with the intention of killing him, the injuries caused by sharp edged weapon and by hard and blunt object on the head of the informant clearly make out a case for trial of the accused persons under Section 307 I.P.C. 8. The judgment referred by the learned counsel for the applicant wherein the injured had suffered only scorched abrasions on right arm and right knee, which are not vital parts of the body, would not apply to the facts of the present case. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the allegations levelled in the F.I.R. and the injuries suffered by the informant and Sageer, I am of the view that this case does not warrant exercise of discretion of this Court for granting anticipatory bail to the applicants. 10. Accordingly, the anticipatory bail application is rejected. Order Date :- 7.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench