HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8853 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Manoj Kumar Mishra, learned counsel for the applicants, Smt. Shikha Sinha, learned A.G.A.-I 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.175 of 2025, under Sections 191(2), 115(2), 109(1), 351(3) of B.N.S. registered at Police Station- Mohanlalganj, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.01.2025 against six persons including the applicants, stating that because of property dispute, all the accused persons assaulted on the head of the informant with an axe. The informant's husband Shankar was also assaulted on his head with an axe and he suffered a fracture in his right hand, yet another person namely Sandeep was also assaulted on his head with an axe. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 5. The informant Ram Pati and her husband Shankar were admitted to hospital on 21.05.2025 and both of them were discharged on 22.05.2025. 6. Learned counsel for the applicant has submitted that the applicant has also suffered injuries in the incident which is evident from the injury report. Two other persons from her side have also received injuries although the injuries Versus Counsel for Applicant(s) : Manoj Kumar Misra, Chandra Chood Pandey, Nishit Upreti Counsel for Opposite Party(s) : G.A. Raj Kumar Rawat .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) suffered by the persons from the applicants' side are similar in nature. He has submitted that the incident took place because of the property dispute between the parties leading to a free fight and the persons from their side had also got injured. 7. Co-accused persons namely Amit Kumar and Anil Kumar have been granted bail by means of an order dated 06.08.2025 passed by this Court in Crl. Misc. Bail Application No.7295 of 2025. 8. Learned A.G.A.-I has vehemently opposed the bail application and she has submitted that two persons admitted to the hospital in the incident, they had suffered injuries on their head which are serious in nature and the investigation has been concluded and thereafter, charge sheet has been submitted on 14.08.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the F.I.R., the alleged incident occurred due to a family dispute; that persons from both the sides received injuries in the incident but the F.I.R. is silent on this aspect of the matter indicating that the F.I.R. does not disclose the correct facts completely and that the applicant has no criminal history and he is languishing in jail since 05.08.2025 and the investigation already stands concluded, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicants- Raj Kumar Rawat be released on bail in the aforementioned 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. September 16, 2025 S. Shivhare BAIL No. 8853 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench