HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25988 of 2026 Court No. - 18 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State-opposite party. 2. The present second bail application has been filed by the applicant under Section 483 BNSS to enlarge him on bail in Case Crime No. 367 of 2025, under Sections 351(3), 352, 3(5), 109(1) BNS, Police Station- Bhagatpur, District- Moradabad. The first bail application was rejected vide order dated 01.04.2026 passed in Criminal Misc. Bail Application No. 10945 of 2026. 3. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. The only new ground on which the applicant seeks enlargement on bail is the framing of charge. He next submitted that general allegation of assaulting the victim has been made against four persons, including applicant. He further submitted that no incriminating article or material has been recovered either from the applicant or on his pointing out. The recovery of axe has been allegedly shown from the possession of co-accused Santosh. He lastly submitted that the applicant, who is in jail since 19.2.2026 and has no criminal antecedents to his discredit and, therefore, entitled to be enlarged on bail during pendency of the trial. 4. On the other hand, the learned A.G.A. has vehemently opposed the prayer for bail and submitted that in the F.I.R. itself it is alleged that the Versus Counsel for Applicant(s) : Shiv Prakash Counsel for Opposite Party(s) : G.A. Happy @ Harpreet .....Applicant(s) State of U.P. .....Opposite Party(s) applicant-accused has assaulted the victim/injured person, who is aged about sixty years. The applicant is named in the F.I.R along with three other co-accused. He further submitted that, according to the CT scan report, a deep lacerated wound and swelling are visible in the parietal region, along with a fracture of the nasal bone, hence the applicant is not entitled to be released on bail. 5. This court takes note of the supplementary injury report of injured Ompal Singh dated 16.01.2025 where it is found: "PHYSICAL ASSAULT HEAD INJURY NCCT BRAIN SHOWES DEFINED HYPERDENCE AREAS ARE NOTED IN B/C FRONTAL. CONVEXITIES LEFT PARIETOTEMPORAL, cm s/o LARGEST OF THEM MEASURING 1.5x1.4x1.3 HEMORRHAGIC CONTUSION. MILD PERILESIONAL EDEMA IS NOTED FEW ASSOCIATED AIR FOCI NOTED SDH component noted along falx a crescent shaped hyperdensity is noted in the left temporal. He was treated conservatively in icu" 6. After having heard the learned counsel for the applicant, learned A.G.A. for the State and perused the record, moreover, there is no change in the circumstances or the law, as such the grounds raised in the earlier application have been repeated by and large, hence taking into consideration, the submissions of learned counsel for the parties and considering the statement of the victim and witnesses, this Court is not inclined to enlarge the applicant- Happy @ Harpreet on bail during the trial, hence this bail application is rejected. September 25, 2026 Prashant D. BAIL No. 25988 of 2026 2 (Harvir Singh,J.) Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad