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Neutral Citation No. - 2025:AHC:125448 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23431 of 2025 Applicant :- Nitin Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Krishn Kumar,Nishant Rao Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. 2-By means of this bail application, applicant-Nitin Yadav, who is involved in Case Crime No. 23 of 2025, under Sections 126(2), 115(2), 351(3), 117(2), 110, 352 B.N.S., Police Station Mantola, District Agra seeks enlargement on bail during the pendency of trial. 3-As per the prosecution case in brief, complainant got a first information report lodged on 09.04.2025 against the applicant stating inter-alia that on 07.04.2025 at about 10:35 o'clock, his brother was stopped by the applicant on the road, beaten him and kept him there. He also hit him with the stones. The people passing by saved him. 4-It is argued by learned counsel for the applicant that injured had borrowed Rs. 50,000/- from the applicant but despite repeated demand, he was not returning the said amount and was avoiding on one or other pretext. When the applicant extended threat for making a complaint in police station in this regard, he has been falsely implicated in this case. In fact no such incident took place as alleged by the prosecution, hence, the applicant who is languishing in jail since 27.05.2025 may be enlarged on bail. 5-On the other hand, learned A.G.A. vehemently opposed the submission of learned counsel for the applicant by reiterating the prosecution case as mentioned in the F.I.R. It is also pointed out that the injured Raja Babu was badly beaten by the applicant and he has received grievous injuries on the upper part of his body. After medical examination of the injured, injuries were kept under observation. As per x-ray report, number of fractures have been found on the body of the injured, which are as under:- (i) Fracture of medial and lateral wall of bilateral bony orbit. (ii) Fracture on right parietal bone. (iii) Fracture on right greater wing of spheroid. (iv) Fracture on frontal bone. (v) Fracture on left parietal bone. (vi) Fracture on squamous part of left temporal bone. (vii) Fracture on left greater wing of spheroid.
(viii) Fracture on left medial and lateral pterygoid plate and (ix) Fracture on walls of maxillary sinus (bilaterally). It is also submitted that on 08.04.2025, injured was admitted in S.N. Medical College, Agra for his treatment and was discharged on 12.4.2025. The independent witnesses namely Rajesh and Sumit Agarwal have also supported the prosecution case. Lastly it is submitted that the bail application of the applicant is liable to be rejected. 6-Having heard the submissions of learned counsel for the parties, I find that in the present case,
applicant is only accused and there is only one injured. Looking to the nature of injuries and manner of assault by the accused-applicant, I do not find any good ground to enlarge the applicant on bail. 7-Hence, the bail application of the applicant 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. Order Date :- 29.7.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad