Neutral Citation No. - 2025:AHC:137743 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23617 of 2025 Applicant :- Vipin Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Sunder,Sunil Vashisth Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. By means of this bail application, applicant Vipin, who is involved in Case Crime No. 166 of 2024, under Sections 326, 323 IPC, police station Kasganj, district Kasganj, seeks enlargement on bail during the pendency of trial. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. Brief facts of the case which are required to be stated are that complainant got a first information report lodged on 18.03.2024 for the offence under Sections 323 and 307 I.P.C. stating inter-alia that he and Bablu Singh got the motorcycle of Bablu Singh repaired at Paras Auto Parts and also gave money to mechanic. Then Sudhir Kumar Goyal asked why he paid less money and thereafter Ankit Agrawal, Sanjeev Agrawal and Vipin started beating him with kicks and punches. Sudir Kumar Goyal hit him on the face with iron rod with intention to kill, which went into Bablu's eye, due to which Bablu Singh's eye got damaged and he got injured at various places. Jai Prakash, Hoti Lal and several other persons came at the spot and saved him and he was taken to hospital. It is argued by learned counsel for the applicant that in the F.I.R., allegation of assault with iron rod to the injured Bablu Singh has been assigned to co-accused Sudhir Kumar Goyal. The incident took place on 17.03.2024 but F.I.R. was lodged on 18.03.2024 and statement of the injured was recorded on 30.11.2024, wherein he has shifted the role of assault on his eyes with iron rod against the applicant Vipin, which is not sustainable, because the prosecution case was improved later on. It is also argued that alleged injury cannot be caused by an iron rod. The applicant does not have any criminal history to his credit. Lastly, it is submitted that the applicant is languishing in jail since 19.04.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail. Per contra, learned A.G.A. for the State vehemently opposed the prayer for bail of the applicant by contending that injured Bablu Singh got seriously injured due to beating with iron rod by the applicant and other co-accused. Initially injured was taken to Primary Health Centre, Ashok Nagar, Kasganj. Thereafter he was referred to District Hospital, Kasganj where considering the serious nature of injury sustained to him, he was advised to go to Medical College, Aligarh and lastly he was referred to AIIMS, Delhi, hence he was admitted in AIIMS Delhi. Thereafter, F.I.R. was lodged. The doctor of Combined District Hospital, Kasganj has stated inter alia that injured has received two injuries. Injury no. 2 was on his left eye, due to which, his eye has been seriously damaged. In supplementary report also, injury no.2 has been shown to be a serious injury. Hence, bail application of the applicant is liable to be rejected. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that injured has specified the specific role of causing injury to him with iron rod against the applicant, which is corroborated from the medical report. Considering the nature of injury and role assigned to the applicant as noted above, as on date, I do not find any good ground to disbelieve the statement of the injured. So far as alleged contradiction is concerned, the same is a matter of trial and can be adjudicated at the appropriate stage after leading evidence by the parties concerned in accordance with law. In view of the above, I do not find any good ground to release the applicant on bail at this stage. Accordingly, the bail application is rejected. It is made clear that the observations contained in the instant order are confined to the issue of bail and shall not affect the merit of the trial. It is open for the applicant to move second bail application after recording the statement of the injured before the trial Court. Order Date :- 13.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad