Neutral Citation No. - 2025:AHC:108472 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23642 of 2025 Applicant :- Ram Prakash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Mishra 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 Ram Prakash Yadav, who is involved in Case Crime No. 109 of 2025, under Sections 3(5), 109(1), 115(2), 352, 351(2) and 117(2) of BNS and Section 3/25 of Arms Act, police station Kopaganj, district Mau seeks enlargement on bail during the pendency of trial. 3-It is argued by learned counsel for the applicant that:- i-With regard to an incident which took place on 17.04.2025 at about 21:30 hours, first information reports were lodged from both the sides. ii-From the side of the complainant of this case, namely, Anchal Yadav, a first information report was lodged on 18.04.2025 at Case Crime No. 0109 of 2025 for the offence under Sections 3(5), 109(1), 115(2), 125 BNS, Police Station Kopaganj, District Mau against seven accused persons, namely, Ram Prakash Yadav (present applicant), Aakash Yadav, Tejbahadur Yadav, Ajeet Yadav, Ajay Yadav, Suryabhan Yadav and Shashank Yadav, in which it is alleged that four persons, namely, Abhishek Yadav, Radhey Shyam, Ram Dhyan and Manish Yadav have received injuries. iii-From the side of the applicant, three persons, namely, Ram Prakash Yadav (applicant), Suryabhan Yadav and Tejbahadur Yadav have received injuries and from his side, a first information report was lodged on 03.06.2025 at Case Crime No. 0153 of 2025, under Sections 3(5), 115(2), 352, 351(2), 110, 117(2) BNS, Police Station Kopaganj, District Mau against eight accused persons, namely, Pankaj Yadav @ Manish Yadav, Anchal Yadav (complainant of this case), Abhishek Yadav, Radheyshyam @ Guddu Yadav, Shriram Yadav, Yogendra, Kalpnath Yadav and Sherbahadur Yadav. iv-It is further submitted that in the first information report dated 18.04.2025 of the complainant, there is no explanation of the injuries received to the applicant as well as other two persons of his side. v-Much emphasis has been given by contending that though in the first information report dated 18.04.2025, applicant has been said to have fired at Abhishek Yadav but in the said incident, the applicant has also received 07 injuries, out of which, injury no. 2 was found in the nature of contused swelling at skull, which is on the vital part of the body. vi-It is also pointed out that pursuant to the first information report dated 03.06.2025 lodged from the side of the applicant, none of the accused persons is arrested till date. vii-So far as criminal history of the applicant is concerned, it is further pointed out that apart from this case, the applicant has criminal history of one case, in which he has been granted bail. viii-There is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. ix-On the strength of aforesaid facts and submissions, lastly it is submitted that the applicant is languishing in jail since 19.04.2025 and in case, he is released on bail, he will not misuse the liberty of bail and cooperate with the trial. 4-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect 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 it is not in dispute that both sides lodged F.I.Rs. against each other. Three persons have received injuries from the side of the applicant. The applicant is also one of the injured and four persons have received injuries from the complainant's side. So far as injury of injured Abhishek Yadav is concerned, the same was on non-vital part of his body. At this stage, it cannot be ascertained as to which side was the aggressor in the incident in question. 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, gravity of offence and submissions of the learned counsel for the parties, this Court is of the opinion that in the light of injuries received by applicant in the said incident, he has made out a case for bail. Hence, the bail application is hereby allowed. 7-Let the applicant Ram Prakash Yadav 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. 8-In case of breach of any of the conditions mentioned above, it is open for the complainant/ prosecution to move an appropriate application for cancellation of bail of the applicant before the concerned Court. Order Date :- 9.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad