Neutral Citation No. - 2025:AHC:131555 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22685 of 2025 Applicant :- Sanjeev Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State of U.P. 2-The instant bail application has been filed on behalf of the applicant-Sanjeev with a prayer to release him on bail in Case Crime No. 194 of 2024, under Section 308, 323, 504, 506 I.P.C., Police Station-Mirzapur, District-Shahjahanpur, during the pendency of trial. 3-It is argued by learned counsel for the applicant that the complainant, who is an injured in this case got a first information report lodged on 28.05.2024 against Guddu Verma, Vinod Verma, Sanjeev (applicant) and Lalu making general allegation of assaulting him with lathi-danda (sticks) against all the accused persons. F.I.R. further alleges that the applicant-Sanjeev and Vinod were armed with country made pistol. It is next argued that when the statement of the complainant/injured was recorded, he has exonerated two accused persons, namely, Guddu Verma and Vinod Verma and in their place, he has inducted two new persons namely Ramesh and Khushi Ram and further he has stated inter-alia that he was assaulted by Khushi Ram with lathi and thereafter on his exhortation, all other accused persons namely Sanjeev, Lalu and Ramesh have assaulted him with lathi. Referring the injury report of the injured, it is further submitted that the applicant has received seven injuries, which are in the nature of lacerated wound. It is further submitted that no fire arm injury has been received to the injured and all the injuries are simple in nature. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has no antecedent and is languishing in jail since 28.05.2025. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 4-On the other hand, learned A.G.A. opposed the prayer for bail of the applicant by contending that as per CT Scan of the injured, his left temporal bone was found fractured but he did not dispute the other factual aspects of the matter, as argued on behalf of the applicant. 5-Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per the injury report, injuries are simple in nature however in CT Scan report, left temporal bone was found fractured but it has not been specified that out of four accused, who has caused the said injury. This Court also finds that there is a contradiction in the F.I.R. and statement of the injured as he has exonerated two named accused persons and in their place, added two new persons making improvement in the prosecution case. 6-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a prima-facie case for bail. Hence, the bail application is hereby allowed. 7-Let the applicant-Sanjeev, 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 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 8-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 5.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad