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2025 DAILYLAW 65290 (ALL)

LALJI PASWAN AND ANOTHER v. STATE OF U.P.

BAIL/19203/2025 · 2025-08-12

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138224 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19203 of 2025 Applicant :- Lalji Paswan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Rao,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicants and learned Additional Government Advocate representing the State. 2. By means of this application, applicants Lalji Paswan and Krishna Paswan, who are involved in Case Crime No. 111 of 2025, under Sections 109, 115(2), 352, 351(3) of B.N.S., 2023, Police Station Bariya, District Ballia, seek enlargement on bail during the pendency of trial. 3. It is argued by learned counsel for the applicants that the applicants have been falsely implicated in this case. The incident has not taken place in the manner as alleged by the prosecution. In fact both the injured have received injuries on account of falling on stone. It has not been specified that which injury is caused by whom. The applicants have no criminal antecedents. Therefore, the applicants who are languishing in jail since 14.03.2025 may be enlarged on bail. 4. Per contra, learned Additional Government Advocate opposed the prayer for bail of the applicants by contending that in this case F.I.R. was lodged against four accused persons, namely, Lalji Paswan (applicant No. 1), Krishna Paswan (applicant No. 2), Ajay Paswan and Kamal Paswan for the offence under Sections 109, 110, 115(2), 352 and 351(3) of B.N.S., 2023. After culmination of investigation charge sheet dated 01.06.2025 has been submitted only against the applicants Lalji Paswan and Krishna Paswan. The specific role of causing injuries to injured Ravindra Kumar Ram and Sanju Devi with axe has been assigned to the applicants, which is corroborated from the medical examination report of injured Ravindra Kumar Ram and Sanju Devi. The axe which was used in commission of crime, has also been recovered on 13.03.2025 from the joint possession of the applicants. Lastly, it is submitted that in case applicants are granted bail, there is every possibility of tampering the evidence and witnesses. Hence, considering the nature of injuries, bail application of the applicants is liable to be rejected. 5. Having heard learned counsel for the parties and parties and examined the matter in its entirety, I find that:- 5.1. The injured Ravindra Kumar Ram has received following three injuries:- (i) Stitched wound of size 10 cm x 0.5 cm scalp deep on lateral side of left eye (10 stitches), (ii) Stitched wound of size 3 cm x 0.5 cm x 0.5 cm on occipital area of head (4 suture), (iii) Stitched wound of size 4 cm x 0.5 cm x 0.5 cm on right hand between thumb and index finger (4 suture), 5.2. Injured Sanju Devi who is complainant also received following two injuries:- (i) Lacerated would of size 3 cm x 0.5 cm x 0.5 cm on left side of neck and shoulder junction area, (ii) Complain of pain over right wrist joint area. 5.3. As per injury reports, injuries are cased by hard and blunt object. 5.4. In the F.I.R. as well as statement of injured/complainant Sanju Devi specific role of causing injury with axe has been attributed to the applicants. 6. Considering the nature of injuries which have been caused on the vital part of the body of the injured as noted above, I do not find any good ground to release the applicant on bail. 7. Accordingly, the bail application is rejected. 8. It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. 9. It is open for the applicants to move second bail application after recording the statements of both the injured before the trial Court. 10. The trial Court shall make an endeavour to conclude the trial of the applicants expeditiously without granting any adjournment to either of the parties. 11. Superintendent of Police, Ballia shall ensure presence of both the injured on the dates fixed before the trial Court for recording their statements. 12. Copy of this order be sent to the informant, Superintendent of Police, Ballia and the trial Court for necessary information and compliance. Order Date :- 13.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad