Neutral Citation No. - 2025:AHC:127904 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23832 of 2025 Applicant :- Yusuf Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Lal Bahadur,Ram Sajiwan Prajapati Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State of U.P. and learned counsel for the complainant. 2-The instant bail application has been filed on behalf of the applicant-Yusuf with a prayer to release him on bail in Case Crime No. 71 of 2025, under Sections 115(2), 352, 351(2), 109(1) B.N.S., Police Station Shivala Kala, District Bijnor during the pendency of trial. 3-As per the prosecution case in brief, complainant- Naresh Pal Singh who is brother of the injured got a first information report lodged on 17.05.2025 against Ishrat, Jahid, Yusuf and Shamsher for the offence under Sections 352, 115(2), 351(2) and 190(1) B.N.S. alleging inter-alia that on 16.05.2025, his brother Kavindra Singh has received a phone call from Ram Avtar, who told him that some people have come to his house and abusing him. F.I.R. also alleges that as soon as Kavindra Singh reached to the house of Ram Avtar, all the above accused persons started abusing him and also assaulted him with lathi, danda and sharp edged weapon, due to which he has received injuries on his head. 4-The main substratum of argument of learned counsel for the applicant is that in the F.I.R., general role of assault has been attributed to all the accused persons. It is the case of the prosecution that all the accused persons were armed with lathi, danda and sharp edged weapon. The injured-Kavendra Singh has received eight injuries, out of which two injuries are of incised wound and rest of the injuries are in the nature of red contusion. It is next submitted that as per the supplementary injury report of the injured- Kavendra Singh, no abnormality was deducted. It is further submitted that no sharp edged weapon was recovered, however, one stick has been shown to be recovered at the pointing out of co-accused Shamsher, hence, the case of the present applicant is distinguishable from the case of co-accused Shamsher. 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 criminal history and is languishing in jail since 18.05.2025. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that all the injuries of the injured are simple in nature, except the injury no. 1, which is grievous in nature, however, it has not been specified that who has caused the said injury. I also find that nothing has been recovered from the possession of the applicant whereas the stick, which was used in the commission of crime, has been recovered at the pointing out of co-accused Shamsher. 7-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 fit case for bail. Hence, the bail application is hereby allowed. 8-Let the applicant-Yusuf 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 which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in 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. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 10-It is made clear that benefit/parity of this order shall not be extended to co-accused Shamsher. Order Date :- 31.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad