Neutral Citation No. - 2025:AHC:146040 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29066 of 2025 Applicant :- Sandeep Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Kumar Dubey,Ashutosh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-By means of this bail application, applicant Sandeep Gupta, who is involved in Case Crime No. 302 of 2024, under Sections 323, 504, 506, 308 IPC, police station Kotwali, district Maharajganj, seeks enlargement on bail during the pendency of trial. 2-Brief facts of the case is that complainant got a first information report lodged on 18.06.2024 against the applicant and his mother making allegation inter-alia that today Sandeep Gupta and his mother came to his house due to old enmity, abused him and beaten him with sticks. There were two other persons with them, who could not be identified. 3-Heard learned counsel for the applicant and Mr. Rajesh Kumar Rao, learned Additional Government Advocate for the State. 4-Main substratum of arguments of learned counsel for the applicant is that as per the statements of the witnesses and mother of the injured, general role has been assigned to all the accused persons. There is no recovery of stick, which was used in the commission of crime. The co-accused Geeta Devi, who is mother of the applicant, has been granted bail vide order dated 17.06.2025 of the district Court, hence the applicant, who has no criminal history and is languishing in jail since 30.07.2025 may be released on bail. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. 5-On the other hand, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that injured Raju Yadav in his statement has stated inter alia that Sandeep with stick beaten him and his mother. Another injured (Raju's mother) in her statement has stated that Sandeep also came at the spot and started beating her and her son-Raju. Other independent witnesses have also supported the prosecution case. As per the medical examination report of the injured-Raju, he has received three injuries, out of which, injury no. 1 was on scalp and CT of head of injured was advised. As per the CT scan report of brain of injured-Raju, "comminuted depressed fracture of left high parietal bone with adjacent pneumocranium and subgaleal hemorrage in left parietal region" were found and the said injury is alleged to have caused by the applicant. Hence, 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 injured Raju has attributed the role of assault with stick to the applicant and considering the injury no. 1 of injured-Raju as noted above, charge-sheet dated 03.07.2024 has been submitted under Section 308 I.P.C. also. So far as submission with regard to granting bail to co-accused Geeta Devi is concerned, I find that in the light of statement of injured Raju and his injury no.1, case of applicant is distinguishable from the case of his mother (co- accused Geeta Devi). 7-This Court is also of the view that each case must be decided on its own facts and merit. Even one additional or different fact may make big difference between the conclusion in two cases, because even a single significant detail may alter the entire aspect. 8-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 no.1 of injured-Raju, his CT scan report and severity of punishment, I do not find any good ground to release the applicant on bail at this stage. 9-Accordingly, the bail application is rejected. 10-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. 11-It is open to the applicant to move second bail application after recording the statement of the injured Raju Yadav before the trial Court. Order Date :- 23.8.2025 Shubham BAIL No. 29066 of 2025 2 Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad