SOHITversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 44945 of 2025

Sohit
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)      : Ankit    Kumar,    Shailesh         Kumar
                                Srivastava
Counsel for Opposite Party(s) : G.A., Ram Krishna Yadav

Court No. - 72
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State,
Sri Ram Krishna Yadav, learned counsel for the informant, and perused
the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 514 of 2025, under Sections 109(1),
115(2), 352, 351(3) of the B.N.S., Police Station- Chandpur, District-
Bijnor, during the pendency of the trial.
3. The learned counsel for the applicant contends that the applicant has
been falsely implicated in the present case. Learned counsel further
contends that although the applicant is named in the First Information
Report (FIR), a general role of assault have been made against him. The
injured is said to have received injury on his eye, however, the same is not
a grievous injury. No life threatening injuries have been received by the
injured. The applicant is in jail since 15.09.2025. Charge sheet has been
submitted against the applicant and he is no longer required for custodial
arrest or interrogation.
4. The learned counsel for the informant and the learned A.G.A. have
opposed the prayer for bail and have contended that the injured, in his
statement, has specifically given the role of assault to the applicant. The
injured has received grievous injuries and his eye-sight is lost. He is
presently being treated at the All India Institute of Medical Sciences, New
Delhi. He also has a criminal history of one other case, which has not
been properly explained.
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5. I have considered the submissions made by the learned counsel for the
parties.
6. The FIR as well as the statement of the alleged eye witness of the
incident have assigned the role of assault to the four named accused
persons, out of whom, Sitaram has been given the role of assault by using
an iron rod (Saria); Sohit (applicant) has been given the role of assault by
using a ‘Tabal’ and Mahesh Singh and Jagesh have been given the role of
assaulting using a ‘lathi’. The injured, in his statement recorded by the
police, has not assigned the role of assault to any of the other accused and
has stated that it was the applicant, who assaulted him using a ‘lathi’. The
statement of Dr. Lokesh Kumar, who has prepared the supplementary
report, indicates that if proper treatment is given to the applicant, his eye
sight would return.
7. Prima facie, from the perusal of the medical records filed along with
the bail application, the supplementary affidavit as well as the short
counter affidavit filed by the learned counsel for the informant, no injury,
which could be called ‘life threatening’, has been caused to the injured.
The applicant is in jail since 15.09.2025 and charge sheet has already
been filed.
8. Without expressing any opinion on the merits of the case, taking into
account the entire facts and circumstances of the case, the nature of
injuries sustained by the injured and the period of detention of the
applicant, I deem it appropriate to grant bail to the applicant.
9. Let the applicant - Sohit, involved in the aforementioned crime be
released on bail, on his furnishing a personal bond and two sureties each
in the like amount, to the satisfaction of the Court concerned, subject to
the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial Court, unless his personal appearance is exempted by the Court
concerned.
10. In the event of breach of any of the aforesaid conditions, the Court
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                                    below will be at liberty to proceed to cancel his/her bail.
                                    11. It is made clear that the applicant shall be released on the basis of
                                    computer generated copy of this order, downloaded from the official
                                    website of High Court Allahabad and verified by the concerned counsel
                                    with the undertaking that the certified copy will be filed within 15 days.
                                    12. It is further directed that the trial court shall send the release order to
                                    the concerned jail through Bail Order Management System (BOMS) to
                                    ensure early release of the applicant.


                                                                                       (Rajiv Lochan Shukla,J.)
                                    May 6, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad