Neutral Citation No. - 2025:AHC:135984 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22410 of 2025 Applicant :- Rakesh Alias Rakesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Jyoti Bhushan Counsel for Opposite Party :- G.A.,Satya Prakash Singh Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the complainant. By means of this bail application, the applicant, who is involved in Case Crime No. 198 of 2024, under Sections 308, 323, 504, 506, 336 IPC, police station Gambhirpur, district Azamgarh, seeks enlargement on bail during the pendency of trial. It is argued by the learned counsel for the applicant that with regard to the incident, which took place on 29.05.2024, the first information report was lodged from the side of the applicant on 29.05.2024 at 20.59 hours, which was registered at case crime No. 0196 of 2024, under Sections 323, 504, 506, 452, 324 and 34 IPC against six accused persons namely Chandra Bali, Mahendra, Vikki, Jimmi, Sonu and Babi in which five persons namely Rakesh Kumar (applicant), Neesha, Sunita, Prem Lata and Awadhesh have received injuries, whereas from the side of the complainant the first information report was got lodged on 31.05.2025, which was registered at case crime No. 0198 of 2024, under Sections 323, 336, 308, 504 and 506 IPC police station Gambhirpur, district Azamgarh against Abhilesh, Awadhesh and Rakesh-applicant, in which one person namely Advait Chand has received injuries. It is further argued that in the FIR dated 31.05.2024, there is no explanation of the injuries received from the side of the applicant. It is also pointed out that in the said incident applicant and his wife have also received injuries. It is also submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 16.06.2025 and in case he is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned Additional Government Advocate for the State as well as learned counsel for the complainant opposed the prayer for bail of the applicant, but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having considered the submissions of the learned counsel for the parties, I find that it is not in dispute that five persons have received injuries from the side of the applicant whereas one person has received injuries from the side of the complainant in the incident dated 29.05.2024 as noted above. It is a cross case and both sides have received injuries and at this stage it cannot be ascertained as to which side was the aggressor. The applicant has the criminal history of one case, which he has explained. Keeping in view the nature of the offence, evidence, severity of punishment, complicity of the applicant and submissions of the learned counsel for the parties as noted above, this Court is of the opinion that the applicant has made out a prima facie case for bail. Accordingly, the bail application of the applicant stands allowed. Let the applicant Rakesh alias Rakesh Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly involve in any criminal activity. In case of breach of any of the above conditions by the applicant, it will be open for the prosecution to move bail cancellation application before the Court concerned. Order Date :- 11.8.2025 Ishrat Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad