Neutral Citation No. - 2025:AHC:124628 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24094 of 2025 Applicant :- Vijay Pal Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. By means of this bail application, applicant-Vijay Pal, who is involved in Case Crime No. 262 of 2024, under Section 109 of B.N.S., 2023, Police Station Kotwali Kayamganj, District Farrukhabad, seeks enlargement on bail during the pendency of trial. 2. As per prosecution case, in brief, informant Mustafa Hussain, who is brother of the injured- Arshad Hussain, got a first information report lodged on 08.12.2024 for the alleged offence under Section 109 of B.N.S., 2023 against Vijay Pal with the allegations inter alia that on 08.12.2024 at about 7.00 A.M his brother went to get milk. On the way when he was easing himself, the applicant Vijay Pal with an intention to kill attacked him from behind with a Takora, due to which his brother sustained grievous injury on his head and fell on ground. His head was covered with blood. In a serious condition, he was taken to C.H.C., Kayamganj from where he was referred to Ram Manohar Lohiya Hospital, Farrukhabad. 3. Heard learned counsel for the applicant and Mr. Rabindra Kumar Singh, learned Additional Government Advocate assisted by Mr. Prashant Kumar Singh, learned Brief Holder representing the State. 4. It is submitted by learned counsel for the applicant that the applicant has been falsely implicated over the money dispute with the complainant. The injury as received by the injured is simple in nature and injured was admitted in hospital only for one day. The incident has not taken place in the manner as alleged by the prosecution. In fact the injured received injury while he was fallen down after jumping the boundary wall. Lastly, it is submitted that the applicant who is languishing in jail since 09.12.2024 having no criminal history to his credit, may be released on bail. 5. Per contra, learned Additional Government Advocate opposed the prayer for bail of the applicant by contending that in the F.I.R. specific allegation of assaulting injured-Arshad Husain with Takora (कक ल्हहाडड) has been attributed to the applicant. Injured and eye witnesses namely Amir, Chaman and Chandmiyan have also supported the prosecution case. Referring to the statement of the doctor, it is further submitted that the injured received grievous injury and condition of the injured was very serious, so he was referred to Ram Manohar Lohiya Hospital, Farrukhabad. The Takora (Axe) which was used in the commission of crime has also been recovered at the pointing out of the applicant. Hence, the bail application of the applicant is liable to be rejected. 6. Having heard learned counsel for the parties and examined the matter in its entirety, I find that the applicant is sole accused in this case. The injured has attributed specific role of assaulting him on his head with Takora (Axe) to the applicant. According to injury report of injured, one incised wound of 10 cm x 02 cm was found on the head of injured. As per CT Scan of Brain of injured, the comminuted depressed fracture of the left parietal bone with invert displacement of the fractured fragments and scalp hematoma in the left parietal region were found. As per supplementary report, the injury is grievous in nature. At this stage, I do not find any good ground to disbelieve the statements of the injured, which is corroborated from medical examination report of injured. 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 :- 28.7.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad