Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 97122 (ALL)

SAROJ YADAV v. STATE OF U.P.

BAIL/31964/2025 · 2025-10-07

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31964 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Meraj Ahmad Khan, learned counsel for the appliant and Sri Rakesh Kr. Mishra, learned A.G.A. for the State. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 58 of 2025, under Sections 109, 352 B.N.S., Police Station- Marka, District Banda. 3. As per the prosecution story, an F.I.R. was lodged by the first informant on 28.4.2025 with the allegation that applicant along with co- accused Rajkaran attacked the injured Awadhesh. It is further alleged that the applicant Saroj Yadav attacked with axe on the head of the inured Awadhesh which resulted into serious injury. Subsequently, on the basis of MRI, a supplementary report of the injured was prepared, showing a comminuted fracture with free atleudaut bony fragment, which is dangerous to life. The injured in his statement has also made specific allegation against the applicant that he attacked with an axe on his head. The police after investigation also submitted charge sheet. 4. Learned counsel for the applicant submits that the incident in question was not premeditated and the applicant attacked in a spur of moment due to quarrel between the children. It is further submitted that the applicant has no criminal history. Therefore, the applicant may be released on bail. 5. Per contra, learned A.G.A. vehemently opposed the prayer and submitted that specific role of causing grievous injury has been assigned Versus Counsel for Applicant(s) : Om Prakash Singh Counsel for Opposite Party(s) : G.A. Saroj Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) to the applicant, therefore, the applicant is not entitled to be released on bail. 6. Considering the aforesaid submissions and taking into account that specific role has been assigned to the applicant and the grievous injury is duly substantiated by the supplementary injury report, showing comminuted fracture on the head, this Court is not inclined to release the applicant on bail. The bail application is rejected. 7. However, considering the fact that the charge sheet has been filed, it is expected that the court below will conclude the trial as expeditiously as possible. October 8, 2025 Vandana BAIL No. 31964 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad