BHOLA AND ANOTHERversusSTATE OF U.P.

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 10564 of 2026

Bhola And Another
                                                                 .....Applicant(s)
                                    Versus
State of U.P.
                                                            .....Opposite Party(s)

Counsel for Applicant(s)                      :   Keshari Nandan Singh
Counsel for Opposite Party(s)                 :   G.A.

Court No. - 70
                         HON'BLE HARVIR SINGH, J.


1. Heard learned counsel for the applicants and learned AGA for the State
and perused the record.

2. By means of this application, the applicants who are involved in case
crime no. 405 of 2025, under Sections 109 (1), 115 (2) and 117 (2) B.N.S.,
P. S. Gandhi Park, District-Aligarh, are seeking enlargement on bail during
the trial.

3. In the F. I. R., which was lodged by the complainant, namely, Virendra
Singh, who is brother of the injured, allegations of physical assault upon
injured Manoj, with baton (lathi and danda), causing serious injuries in his
head and fracture in arm, have been levelled against the applicants and 2-3
other unknown persons . F. I. R. further narrates that resultantly the injured
was admitted to hospital.


4. Learned counsel for the applicants submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case due
to some ulterior motive, though they are not even remotely concerned with
the incident. He has further submitted that truth is that there is a matrimonial
dispute between the injured and his wife and the present incident is an
offshoot of that dispute and got caused in collusion with his wife. There is
no independent witness of the recovery of baton, which is alleged to be used
in the incident in question. He lastly submitted that the applicants, who have
no criminal antecedents, is in jail since 2.10.2025, are entitled to be enlarged
on bail during pendency of the trial.


5. Per contra, learned AGA has opposed the prayer for bail and submitted
that the applicants along with other co-accused, are accused of having
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assaulted the injured with lathi and danda, causing him head injury and
fracture in his arm, therefore, is not entitled to be enlarged on bail. The
details of the injuries are at page no 35 of the bail application, which reads as
under:-



     "Bony window: Shows fractured bony framework of right
     maxillary sinus with hemopneumosinus shows miniically
     displaced farcture of posterior wall of right frontal sinus with
     hemopneumosinus shows comminuted fracture of bilateral nasal
     bones and nasal septum Shopws segmental miniamily displaced
     farcture of right zygomatic arch
     Shows multifragmentary fracture of lateral wall of right orbit and
     linear undisplaced farcture of roof of right orbit with pneumo
     orbit. Shows heterogenity and air foci in right preseptal space in
     subcutaneous plane.

     IMPRESSION: CT image morphology is suggestive of:
     Normal brain parenchyma and fractured bone window as
     described."


6. Learned AGA has further submitted that though the applicants in para 5 of
the affidavit, accompanying the bail application have averred that the
applicants have no criminal antecedents, whereas supplementary affidavit,
detailing criminal history of the applicant, has subsequently been filed,
which amounts to suppression of material fact.


7. I have considered the rival contentions of the parties, nature of offence,
evidence, complicity of the accused, severity of punishment and all
attending facts and circumstances of the case and the fact that the injured as
well as all other witnesses have specifically assigned the role of causing
injuries to the injured on his head and fracture in his arm, to the applicants
and the statement of the doctor, who had examined the injuries of the
injured. The statement of the doctor is reproduced hereinbelow:

     Description (विवरण) "महोदय इसके बाद उपचार करने वाले चिकित्सक हक्टर शोएब,
     डयटर निखिल, डक्टर अहमद के कथन अंकित करने हेतु संपर्क करने का प्रयास किया गया तो
     अपने चेंबर में मौजूद मिले अनुमति प्राप्त कर बयान अंकित किए जाते हैं।

     बुद्यान चिकित्सक. डक्टर शोएब चिकित्सा अधिकारी जे.एन.एम.सी., A.M.U. अलीगढ़ ने
     मूछताछ पर बताया कि मेरी देखरेख में मेरे तथा मेरे सहयोगी चिकित्सकों द्वारा पीड़ित मनोज
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                                         कुमार का उपचार किया गया जो कि दिनांक 29.9.25 को जे.एन.एम.सी. में इमरजेंसी में भर्ती
                                         कराया गया था उस समय मनोज कुमार की स्थिति काफी बखराब थी सर में काफी गहरा घाव
                                         था तथा हाथ में भी फैक्चर था इस सम्बन्ध में सारा विवरण हम लोगों के द्वारा मेडिकल प्रपत्रों
                                         में अंकित कर दिया गया है माननीय न्यायालय द्वारा तलब किए जाने पर विस्तार पूर्वक अवगत
                                         कराया जाएगा बस यही कहना है।"


                                    8. Keeping in view the nature of the injures sustained by the injured and the
                                    statement of the doctor, who had examined the injured and that the
                                    applicants have suppressed fact of criminal history, this Court is not inclined
                                    to enlarge the applicant on bail.


                                    9. Accordingly, this bail application moved on behalf of applicants Bhola
                                    and Neelu is rejected.


                                    April 22, 2026
                                    HR
                                                                                                                   (Harvir Singh,J.)




Digitally signed by :-
HEMANT RANJAN
High Court of Judicature at Allahabad