HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11917 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Learned counsel for the applicant submits that there exists a prior land dispute between the families of the applicant and the informant. It is submitted that on 18.08.2025 when the informant went to the farm, an altercation took place between the parties. It is further submitted that on 19.08.2025 at about 10:00 AM, while the informant was going by motorcycle to his old house at Meerakh Nagar, he allegedly saw the applicant standing near the railway crossing at Bairisalpur along with 4-5 unknown persons, holding an axe. According to the prosecution version, when the informant approached, he was stopped by the applicant, threatened with his life, and, upon resistance, was attacked on the head with the axe; however, due to wearing a helmet, he fell from the motorcycle and sustained injuries. It is further alleged that when the informant attempted to call the police, the accused persons snatched his mobile phone and fled from the spot upon seeing villagers approaching. On the basis of the aforesaid allegations, the FIR has been lodged against the applicant and other unknown accused persons. Submission of the learned counsel for the accused-applicant is that there is already a land dispute going on between the complainant and the accused- Versus Counsel for Applicant(s) : Wali Nawaz Khan, Gauri Suwan Pandey Counsel for Opposite Party(s) : G.A. Ramakant Mishra @ Deepu .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. Home Lko. .....Opposite Party(s) applicant, as is admitted in the prosecution case. It is further submitted that the complainant, in his statement, has stated that he was attacked by the applicant along with 4-5 accomplices. He was wearing a helmet, due to which the axe blow landed on the helmet and he was saved. He sustained injuries from the blunt side of the axe. The injured was discharged on the same day. It is submitted that the essential ingredients to attract the offence under Section 109 of the BNS are apparently missing. It has been further submitted that applicant is in jail since 01.11.2025 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail. He submits that the injured sustained two injuries one on the head above the left ear and the second being traumatic swelling above the right SI joint and that the injuries were caused by a sharp cutting object, the nature of which is stated to be an incised wound and grievous in nature. However, it is submitted that the Investigating Officer, who is in possession of the case diary, has not produced any medico-legal examination report of the injured. Perused the record. A perusal of the statement of the complainant shows that he was attacked by the applicant along with 4-5 other co-accused, whereas a perusal of the statement of the independent witness, Amit Kumar Sharma, shows that the applicant is alleged to be alone. Further, from the case diary, it cannot be disputed by the State, at this stage, that the complainant was discharged on the same date by the concerned PHC and that no opinion was given by the concerned doctor advising an X-ray or supplementary medical examination. The medico-legal examination report has also not been made part of the case diary coupled with the fact that the applicant has been languishing in jail since 01.11.2025 and has explained his criminal history of one case in paragraph 14 of the bail application. Upon due consideration of aforesaid facts, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Ramakant Mishra @ Deepu, involved in Case Crime/FIR No.323 of 2025, under Sections 191(2), 190, 109, 352, 351(3) BNS, Police Station-Mohanlalganj, District-Lucknow, be released on bail on BAIL No. 11917 of 2025 2 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 15, 2025 Vinay/- BAIL No. 11917 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench