Neutral Citation No. - 2025:AHC:126400 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22850 of 2025 Applicant :- Vishwas Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Km. Khushi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned A.G.A. representing the State of U.P. 2-By means of this bail application, the applicant- Vishwas Rajbhar, who is involved in Case Crime No. 163 of 2025, under Sections 191(2), 115(2), 109(1) B.N.S., Police Station Salempur, District Deoria seeks enlargement on bail during the pendency of trial. 3-As per prosecution case in brief, complainant- Pankaj Kumar Yadav got a first information report lodged on 09.05.2025 for the offence under Sections 191(2), 115(2) and 110 B.N.S. against Digant Upadhyay, Divyanshu Tripathi, Vivek Yadav, Prince Yadav, Vishwas Rajbhar, Saurabh Baranwal and four unknown persons alleging inter-alia that on 07.05.2025, his brother namely Akash Yadav along with Amit Kushwaha and Nanhey Yadav went to a feast at the house of his relative. When they were returning home, the above named accused persons along with four others stopped and surrounded them and started assaulting his brother with sticks (lathi- danda) and iron rods, whereby Akash Yadav has received fatal injury on his head and as a result thereof, he became unconscious. On getting an information, he was taken to hospital by ambulance. 4-The main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated in this case. In the F.I.R., general role of assault has been assigned to all the accused persons and it is not clear that as to who cause the said injury. It is also submitted that in the F.I.R., it is alleged that the entire incident has been recorded in CCTV footage but even after demanding the said CCTV footage by the applicant, same has not been provided to him. Much emphasis has been given by contending that the applicant was not admitted in a government hospital but he was admitted in private hospital, therefore, the documents of private hospital cannot be taken into consideration. Lastly, it is submitted by the learned counsel for the applicant that the applicant has no criminal history to his credit and is languishing in jail since 15.05.2025. In case the applicant is released on bail, he will not misuse the liberty of bail. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that in the said incident, sole injured person namely Akash Yadav, has received injuries, who has been brutally assaulted by all the accused persons with their respective weapons. Referring the statement of the Dr. Rana Pratap Singh, it is submitted that on 07.05.2025 at about 10:30, injured was admitted in hospital with physical assault, and head injury in an unconscious condition with oxygen support. Despite all efforts made by doctors, injured was not in position to speak. Since his condition was very critical, therefore on 10.05.2025 he was referred to higher centre (Medical College, Gorakhpur). It is further pointed out that Dr. Qamar Siddhiqui, in his statement, has also stated inter-alia that the injured was admitted in his hospital on 10.05.2025 at about 6:00 pm in an unconscious state. Due to head injury, his nervous system has been deeply affected and he is unconscious since the day of incident and is not in a condition to speak anything. He is being given food through a pipe inserted through neck and his condition is critical. Much emphasis has been given by contending that due to aforesaid condition of the injured, his statement could not be recorded. It is also pointed out that the said incident has also been witnessed by two eye witnesses, namely, Amit Kushwaha and Nanhe Yadav who, in their statement under Section 180 B.N.S.S., have supported the prosecution case. Considering the gravity of the offence and the involvement of the applicant in the incident, his bail application is liable to be rejected. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that in the F.I.R. as well as in the statement of the complainant and independent witnesses, there is a serious allegation against the accused persons including the applicant of brutally assaulting the injured-Akash Yadav with intention to kill. The said allegation finds corroboration with the injury report of the injured as well as from the statement of doctors as noted above. As per the injury report, injured-Akash Yadav has received an injury in the nature of "head injury tiny hemorrhagic contusion in left high parietal bone". It is also not in dispute that the injured is not in a position to speak anything due to fatal injury on his head and his nervous system has also been deeply affected. 7-Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant, nature of injury and severity of punishment, I do not find any good ground to release the applicant on bail. 8-Accordingly, the bail application is rejected. 9-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. Order Date :- 30.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad