Neutral Citation No. - 2025:AHC:78797 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15402 of 2025 Applicant :- Dharmendra Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Udai Shankar Chauhan Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Sri Jai Kishan Chaurasia, the learned A.G.A. for the State and perused the entire material available on record. 2. The applicant Dharmendra Chauhan has filed the instant bail application with a prayer to enlarge him on bail in Crime No.24 of 2025, under Sections 109, 110, 115(2), 3(5) B.N.S., Police Station Pakari, District Ballia during the pendency of the trial. 3. The prosecution story in brief is that on 06.03.2025, the informant's brother-in-law (Devar) namely, Shamsher Verma, who is working as a contractual lineman in electricity department and when he was returning hom at about 06:00 P.M. some unknown persons has assaulted upon him with lathi danda, due to which, he sustained grievous injuries on his head and became unconscious. His injuries were examined at Prathmik Swastha Kendra Sikanderpur, from where, he was referred to BHU Trauma Centre. 4. Learned counsel for the applicant submits that the F.I.R. was lodged against unknown person. The name of the applicant surfaced in the subsequent statement (Majeed Byaan) of the informant along with one Dhananjay and some unknown persons. Learned counsel further argued that according to the subsequent statement of the informant, three persons are assaulted to have assaulted upon the applicant and therefore the author of the injury is not known. He further submits that the alleged wooden stick is alleged to have recovered on the pointing of the applicant and the co-accused Dhananjay Yadav. It is further contended that without there being any cogent and credible evidence, the applicant has been falsely implicated in the present case due to ulterior motive and that the applicant has not committed any offence. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 11.03.2025. It is thus contended that the applicant is entitled for bail. 5. On the other hand, learned A.G.A. for the State as well as learned counsel for the informant have contended that there is specific allegation against the applicant. He further submits that statements of the informant, injured as well as witnesses recorded under Section 180 of B.N.S., fully corroborates the prosecution story. He next submits that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 6. Perusal of the record shows that the injured, who is a contractual line man in the electricity department had gone to check the house of the applicant, where some hot talk had taken place on account of which, the applicant and the co-accused have assaulted upon him. The injured in his statement has specifically assigned the role of assault on his head to the applicant and the co-accused Dhananjay Yadav. Further perusal of the N.C.C.T. head of the applicant also shows that there is linear fracture at right parietal bone with overlying subgaleal haematoma. Apart from the same, the informant has also assigned the role of assault to the applicant and co-accused as well as other eye-witnesses in their statements recorded under Section 180 B.N.S.S. 7. 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, without expressing any opinion on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused-applicant. 8. Accordingly, the bail application stands rejected. Order Date :- 14.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad