Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:69879 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9054 of 2025 Applicant :- Sauraj @ Shyoraj And Another Opposite Party :- State of U.P. Counsel for Applicant :- Randhir Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard Shri Randhir Singh, learned counsel for the applicants, Shri Surendra Singh, learned A.G.A. for the State as well as Shri Sarvajeet Singh, learned counsel for the informant and perused the record. 2. By means of the instant bail application, the applicants, Sauraj @ Shyoraj and Ravi, seek bail in Case Crime No. 409 of 2024, under Sections 191(2), 61(2), 115(2), 109(1), 352, 351(3) B.N.S., Police Station Rajpura, District Sambhal. 3. The F.I.R. dated 26.12.2024 was lodged by the informant with regard to the occurrence of the same day alleging therein that when his father reached outside the village while riding on his motorcycle, all the accused persons named in the F.I.R. started assaulting with Lathi-Danda, iron rod due to old enmity, on account of which he became unconscious and sustained severe injuries. 4. Learned counsel for the applicants submits that applicants are innocent and have falsely been implicated in the present case. The injured was medically examined on the same day. His statement was also recorded in which he has assigned general of assaulting to all the accused persons named in the F.I.R. and he has not made any specific allegations even against the present applicants. From one co-accused recovery of Danda was shown to be made from his possession, but no recovery of any weapon has been made from the pointing out or from the possession of applicants. The applicants are in jail since 10.01.2025, with no criminal history. 5. Per contra, learned A.G.A. as well as learned counsel for the first informant have vehemently opposed the prayer for bail made on behalf of applicants and have submitted that though general
role has been assigned by the injured to all the accused persons but the injured sustained three lacerated wounds. As per the X-Ray report the injured sustained four fractures on his legs. The doctor has opined that four injuries are grievous in nature. Thus, the injured had been brutally assaulted by the accused persons, therefore, the present bail application moved on behalf of applicants may be rejected. 6.
Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case and considering the fact that the injured sustained grievous injuries, without expressing any opinion on the merits of the case, no case for bail is made out. 7. Accordingly, the present bail application moved on behalf of applicants-Sauraj @ Shyoraj and Ravi, is rejected. Order Date :- 1.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad