The court emphasized procedural integrity and the role of public servants in criminal justice, granting bail based on the applicant's clean record and cooperation, while raising concerns over negligence in investigation and medical reporting.

JUDGMENT :

ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Mithilesh Kr. Shukla, learned counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. 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. 278 of 2025, under Sections 110 , 115(2), 118(1), 352, 351(2) BNS , P.S. Shikohabad, District Firozabad, during the pendency of the trial.

3. This matter was heard on 13.10.2025 and again on 30.10.2025. In compliance of the order dated 13.10.2025 I.O of this case Mr. Faisal Khan (S.I.) and Dr. Ashwani Kumar Pachauri are present. On 13.10.2025 the following order was passed:-

"1. Heard Sri Mithilesh Kumar Shukla, learned counsel for the applicant and Sri D.P.S. Chauhan, learned AGA for the State.

2. This matter was heard on 07.10.2025 and the court has passed the following order:

"1. Heard Sri Mithilesh Kr. Shukla, learned counsel for the applicant and Sri D.P.S. Chauhan, learned A.G.A. for the State.

2. The instant application has been filed to enlarge the applicant on bail in case crime no. 278 of 2025, under Sections 110 , 115(2), 118(1), 352, 351(2) BNS , P.S. Shikohabad, District Firozabad.

3. Learned counsel for the applicant submits that general allegation has been made against the applicant and other co-accused and as per the doctor, no bony injury was found on the skull of injured Sunny. In support of his contention, learned counsel for the applicant has relied upon statement of Dr. Ashwani Kr. Pachauri, Physician, Raj Narayan Maheshwari Sanyukt Chikitsalaya, Shikohabad, who has stated that he had conducted the medical examination of the injured Sunny on 2.5.2025 which was followed by X-ray of his injuries and no bony injury was found on the skull of the injured. However, CT Scan of the injured (Annexure No.4) dated 3.5.2025 shows that there is comminuted depressed fracture of anterior and posterior wall of both frontal sinus with hemosinus.

4. This Court, just to take medical opinion, regarding the medical report, summoned Dr. P.C. Dubey and Dr. U.B. Singh from the High Court Dispensary who advised that comminuted depressed fracture can easily be detected in an X-ray which is serious in nature and they also pointed out that the statement of Dr. Ashwani Kr. Pachauri needs to be verified with the original X-ray plate by which the skull injury of the injured Sunny was conducted.

5. In such view of the matter, this Court directs the Investigating Officer of this case as well as Dr. Ashwani Kr. Pachauri to appear before this Court along with the original X-ray plate of the skull injury of the injured Sunny before this Court on 13.10.2025 at 10:00 AM.

6. S.S.P., Firozabad as well as C.M.O., Firozabad are directed to ensure presence of the concerned I.O. and Dr. Ashwani Kr. Pachori, respectively, before this Court on the next date of listing.

7. Put up this case on 13.10.2025 as fresh.

8. Registrar (Compliance) is directed to communicate this order forthwith to the S.S.P., Firozabad as well as C.M.O., Firozabad for compliance."

3. In compliance of the above order, Investigating Officer of this case, Faisal Khan, Sub-Inspector posted at Police Station-Shikohabad as well as Dr. Ashwani Kumar Pachauri, Physician posted at Raj Narayan Maheshwari Sanyukt Chikitsalaya, Shikohabad, are present.

4. On making enquiry, Dr. Ashwani Kumar Pachauri opined that if comminuted depressed fracture is detected in CT scan on 03.05.2025, the same can also be corrected through X-ray on 31.05.2025 because healing of fracture in skull takes time and same is also the opinion of Dr. U.B. Singh posted in Hi