Neutral Citation No. - 2025:AHC:142937 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15674 of 2025 Applicant :- Shailendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Avesh Mishra,Balram Mishra,Rajendra Kumar Mishra Counsel for Opposite Party :- G.A.,Santosh Kumar,Shakeel Ahmad Azmi WITH Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15797 of 2025 Applicant :- Ramnaresh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Avesh Mishra,Rajendra Kumar Mishra Counsel for Opposite Party :- Balram Mishra,G.A.,Santosh Kumar,Shakeel Ahmad Azmi WITH Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15678 of 2025 Applicant :- Aunrag Yadav @ Bhuthal Opposite Party :- State of U.P. Counsel for Applicant :- Akarshita Mishra,Avesh Mishra,Balram Mishra,Rajendra Kumar Mishra Counsel for Opposite Party :- G.A.,Santosh Kumar,Shakeel Ahmad Azmi Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A for the State and perused the record. 2. The accused applicants Shailendra Yadav, Ramnaresh and Anurag Yadav @ Bhuthal are involved in Case Crime No.57 of 2025, under Sections 191(2), 333, 115(2), 352, 351(3), 109(1), 3(5), 190 B.N.S., Police Station Tharwai, District Prayagraj. 3. The prosecution story in brief is that on 15.03.2025 at about 03:35 the informant and his wife Sangeeta along wit h his younger brother namely, Arvind Kumar were sitting at their house. Due to old enmity, the accused Shani Yadav, Mahendra Kumar Bhuthal (applicant), Mahesh Kumar, Indra Pal, Shailendra Yadav (applicant) Ram Naresh (applicant), Gulab Chand, Fateh Bahadur, armed with baton, spade entered into his house with an intention to kill them and started beating them, the informant somehow rushed out of the house with an alarm in the meantime, the accused- applicant Bhuthal assaulted his brother with baton on his head, the accused applicant Shailendra Yadav assaulted on his head with spade, due to which he fallen in an unconscious state. On the alarm of the informant, Satendra Kumar tried to hold the informant's brother but the accused Indra Pal Yadav and Satendra Kumar assaulted upon him with spade due to which Satendra Kumar also became unconscious. The informant and his wife was also assaulted by the accused Ram Naresh (applicant), Shani Yadav and Gulab Yadav. 4. Learned counsel for the applicant submits that eight accused including the applicants are alleged to have assaulted upon the informant, his wife-Sangeeta and his brother-Arvind. Learned counsel further submits that informant in the F.I.R., as well as in his statement recorded under Section 180 of B.N.S., has assigned the role of assault to the applicants Shailendra Yadav by spade as well as Anurag Yadav alias Bhuthal by baton upon the head of his brother Arvind. Similar version has also been stated by the wife of the informant namely, Sangeeta in her statement recorded under Section 180 of B.N.S., however the injured Arvind in his statement recorded under Section 180 of B.N.S., has assigned the role of assault upon his head by baton only to both the accused-applicants Shailendra Yadav and Anurag Yadav @ Bhuthal. The accused applicant Shailendra Yadav is stated to have assaulted behind his back. He thus submits that since in the F.I.R., as well as in the statement of the informant and also in the statement of another Sangeeta, the role of assault by spade has been assigned to the applicant Shailendra Yadav, whereas the role of assault by baton has been assigned to the applicant Anurag Yadav @ Bhuthal but the injured-Arvind has assigned role of assault upon his head both the applicants therefore the prosecution story cannot be believed. Learned counsel has further that two accused-applicants have been assigned the role of assault but the injured has sustained only one injury on his head and therefore it is not clear as to who is the author of the injury. It is thus contended that the applicants have been falsely implicated in the present case due to admitted old rivalry. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that applicant Shailendra Yadav is languishing in jail since 17.03.2025, the applicant-Ram Naresh is in jail since 17.03.2025 and that the applicant Anurag Yadav @ Bhuthal is in jail since 16.02.2025. 5. Learned AGA as well as learned counsel for the informant have vehemently opposed the bail application and submits that in case the applicants are released on bail they will misuse the liberty of bail. 6. Considering the fact that the accused-applicant Anurag Yadav @ Bhuthal has been assigned the role of assault upon the head of the injured from front side whereas the accused-applicant Shailendra Yadav has been assigned the role of assault behind the back of injured and accused-Ram Naresh has been assigned the role of assault to the informant and wife, who sustained simple injury as well as nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court is of the opinion that so far as the accused-applicant Anurag Yadav @ Bhuthal is concerned, no case for bail is made out. 7. Accordingly, the bail application moved on behalf of Anurag Yadav @ Bhuthal, is rejected. 8. So far as the accused applicants Shailendra Yadav and Ramnaresh are concerned, this Court finds it to be a fit case for bail. Accordingly, their bail application stands allowed. 9. Let the applicants Shailendra Yadav and Ramnaresh involved in aforesaid case be released on bail on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear on the date fixed by the trial court. iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission. v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 10. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 19.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad