Neutral Citation No. - 2025:AHC:131256 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24951 of 2025 Applicant :- Golu Patel Opposite Party :- State of U.P. Counsel for Applicant :- Lakshman Tripathi,Suryansh Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned A.G.A. representing the State. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 150 of 2025, under Sections 115(2), 352, 351(3), 3(5), 74, 109 B.N.S., 2023, Police Station-Adalhat, District-Mirzapur during the pendency of trial. 3-As per the prosecution case in brief, complainant- Vinod Kumar Singh has lodged an F.I.R. on 18.05.2025 for the offence under Sections 115(2), 352, 351(3), 3(5), 74, 109 B.N.S. against four named accused persons namely Deepak Yadav, Akash Patel @ Monu, Priyanshu Yadav @ Katta Yadav, Jai Hind Patel and six others alleging inter-alia that on 17.05.2025 at about 11:45 pm when he along with his family was going to his relative Chandra Shekhar Singh, all the above accused persons stopped them and started abusing them, due to which Renu Singh (wife of the applicant) get out of the car to resist them, but the accused persons started teasing her. F.I.R. also alleges that thereafter complainant and his elder son namely Prakhar Singh, got down from the vehicle and all the accused persons started assaulting them whereby the complainant, with an iron rod, has received a head injury. 4-The main substratum of argument of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the F.I.R. It is the case of the prosecution that after the registration of the F.I.R., when the complainant tried to get the name of other unknown accused persons, he came to know from the villagers that Golu Patel (applicant) and Shravan Kumar were also involved in the said crime. It is also pointed out that no identification parade has been held in order to ascertain the complicity of the applicant- Golu Patel. Referring the injury report of the injured, it is pointed out that the complainant Vinod Kumar Singh has received two injuries, out of which injury no. 1 is stitched wound and the injury no. 2 is in the nature of abrasion. It is also pointed out that with regard to the nature of injury, no positive finding has been recorded by the doctor and it is mentioned that injuries may or may not be simple in nature. In paragraph no. 11 of the affidavit, it is mentioned that no supplementary report has been prepared in this matter. So far as the injuries of the injured Prakhar Singh and Renu Singh are concerned, they have received injuries in the nature of abrasion and contusion and those injuries are also simple in nature. 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 to his credit and is languishing in jail since 21.05.2025. 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 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. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the applicant is not named in the F.I.R., which is lodged against four named accused persons and six unknown person. I also find that all the three injured persons have received six injuries which are simple in nature. 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- Golu Patel, 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. Order Date :- 5.8.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad