HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7926 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Sharad Pathak, learned counsel for the applicant, Sri Amit Kumar Dwivedi, learned Additional Government Advocate 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. 153 of 2025, under Sections 3(5), 115(2), 352, 109(1), 333, 191(2), 191(3), 190 B.N.S., registered at Police Station Kandhai, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.06.2025 against ten persons, including the applicant and his family members stating that the informant was getting a wall constructed in his house but the accused persons started obstructing the work. The co-accused persons Amit Pandey and Neetu Pandey assaulted the informant's nephew with a spade due to which he suffered injury on his head and started vomiting blood. The co-accused Amit Pandey had assaulted on the informant's head also with spade. 4. 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. The applicant's involvement in four other criminal cases has been disclosed in para 25 of the affidavit filed in support of the bail application, one case has been closed on the basis of compromise, in one case the Investigating officer has submitted a closure report and in other two cases the applicant has been granted bail. 5. The learned counsel for the applicant has submitted that five persons from the applicant's side had received injuries in the incident and they were medically examined also but the F.I.R. of the applicant was not registered by Versus Counsel for Applicant(s) : Abhijeet Mishra Counsel for Opposite Party(s) : G.A. Anjani Pandey .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) the police and an application under Section 173(2) BNSS has been filed. The learned counsel for the applicant has further submitted that the F.I.R. assigns role of assault to other co-accused persons and not to the applicant. 6. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of injury report of five persons injured from the applicant's side. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation is still going on. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. is silent regarding injuries suffered by five persons from applicant's side; the F.I.R. implicates the entire family of the applicant whereas the role of causing injuries has been assigned to two co-accused persons and no specific allegation has been leveled against the applicant and that the applicant is languishing in jail since 30.06.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Anjani Pandey 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. August 25, 2025 Ram. BAIL No. 7926 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench