HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11950 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Supplementary affidavit filed by learned counsel for the applicant is taken on record. As per the prosecution case, on 15.05.2021 at about 08:15 p.m., the informant was on his way to bring his younger brother Nikhil from their aunt’s house in Village Panigao. When the informant and his brother Rajkumar reached there, they allegedly found Nikhil surrounded by the applicant, who were armed with sticks and rods, and were abusing and assaulting Rajkumar with sticks. The detailed allegations have been stated in the F.I.R., and thus, repetition is avoided. The F.I.R. was registered as Case Crime No. 103/2021 under Sections 147, 148, 149, 323, 504, 506 IPC at Police Station Manikpur, District Pratapgarh. Learned counsel for the applicant submits that the F.I.R. has been lodged after a delay of three days. It is further contended that general role of assault has been attributed to five named accused persons, without specifying individual overt acts. It is also pointed out that the initial medico-legal examination of the injured was not conducted, which is evident from Annexure No. 2, a communication issued by R.K. Yadav of District Hospital, Pratapgarh dated 02.06.2021, stating that no medico-legal Versus Counsel for Applicant(s) : Ajay Kumar, Ayush Srivastava, Rajat Pratap Singh Counsel for Opposite Party(s) : G.A. Mithlesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) examination was carried out at the said hospital. It is further submitted that, as per the supplementary medical report, the injured was admitted at SRN Hospital on 16.05.2021 and discharged on 21.05.2021. The CT scan report of SRN Hospital, filed along with the supplementary affidavit, reveals a linear mildly displaced fracture in the temporal bone and left frontal bone extending up to the frontal suture, with fluid in the maxillary and frontal sinus and hyperdensity present. However, it is not clear as to which of the five named or four unnamed accused persons is responsible for causing the said injury. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application, but upon perusal of the case diary, he has not been able to demonstrate that any medico-legal examination of the injured was conducted. Considering the general nature of allegations, absence of specific overt acts against the applicant, lack of medico-legal examination at District Hospital, Pratapgarh, the applicant’s clean antecedents, and the fact that he is in custody since 12.11.2025, this Court finds it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Mithlesh involved in Case Crime No.103/2021, Under Section-147,148,149,323,504,506,308 IPC, Police Station: -Manikpur, District: -Pratapgarh, 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. 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. BAIL No. 11950 of 2025 2 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 9, 2025 R.C. BAIL No. 11950 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench