It is argued by the learned counsel for the applicant that as per the allegations made in FIR, on 02.09.2019 at about 05:30 p.m., due to previous enmity, as many as three accused persons caught hold of the son of informant and took him to Bajrang temple behind the railway line, where son of the informant was beaten by kicks and fists as well as Sariya (iron rod), due to which he became unconscious and was taken for treatment to District hospital, Sadar from where he was taken to Trauma Centre in Varanasi. It is further argued that no specific role has been assigned to the applicant regarding causing any injury to the injured. The injury report goes to show that there is no mark of any external injury on the body of injured. It is further argued that the injured was admitted only for nine days, therefore, it cannot be said that the injuries were serious in nature. The applicant has criminal history of one case, which has satisfactorily been explained in paragraph no.8 & 9 of the supplementary affidavit in support of bail application. The applicant is languishing in jail since 16.09.2019. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
