Allahabad High Court

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. 2 BAIL No. 33908 of 2025

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 fracture is detected in CT scan on comminuted depressed 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 High Court Dispensary, who has also been requested to assist the court. It is surprising that the victim himself in his statement dated 19.05.2025 clearly stated that in CT scan, a fracture in skull has been detected and the CT scan itself was conducted on 03.05.2025. The report thereof was also made part of the case diary in parcha no.3 on 05.05.2025. Subsequently, the X-ray of the skull of the injured was conducted on 31.05.2025 despite the fact that Dr. Ashwani Kumar Pachauri in his opinion dated 02.05.2025 advised X-ray for the skull injury of the injured and even more surprising is the fact that X-ray was conducted on 31.05.2025 which shows no fracture in skull of the injured, which is absolutely improbable and appears to be manipulated, may be on the part of the concerned radiologist and the Investigating Officer, also appears to be negligent. This court takes into account that once the Investigating Officer found that comminuted depressed skull fracture had already been detected on 03.05.2025 and same is a part of case diary, how he got conducted the X-ray of the injured on

31.05.2025 and on the basis of opinion of Dr. Ashwani Kumar 3 BAIL No. 33908 of 2025 Pachauri, who relied upon the disputed X-ray that no fracture is detected in the skull, submitted chargesheet u/s 308 IPC. Though, prima facie, in such cases, chargesheet should have been filed u/s 307 IPC as the injury itself is grievous in nature and on the vital part. Apart from this injury there are four other injuries on the person of injured. Therefore, to verify the aforesaid fact, it would be appropriate to conduct enquiry.

5. In view of the above, Senior Superintendent of Police, Firozabad is directed to conduct an enquiry against Faisal Khan, Sub-Inspector and ascertain whether he was negligent in conducting investigation, taking into account the aforesaid fact.

6. C.M.O., Firozabad is also directed to conduct an enquiry in this matter taking help of senior radiologist including any other physician or surgeon and submit his report on the point whether the X-ray conducted on 31.05.2025 is manipulated, just to show that no fracture is found in the skull of injured despite the fact same is detected in CT scan.

7. The aforesaid exercise shall be concluded by the S.S.P., Firozabad as well as C.M.O., Firozabad, as the result of this enquiry will have effect on this bail. Therefore, this court is not inclined to release the applicant on bail today. However, instead of rejecting the bail, I deem it appropriate to consider it on the next date after perusal of the aforesaid enquiry.

8. Put up as fresh on 30.10.2025 at 10:00 am.

9. Registrar (Compliance) is directed to send a copy of this order to S.S.P., Firozabad as well as C.M.O., Firozabad.

10. On the next date of listing, Investigating Officer, Faisal Khan as well as Dr. Ashwani Kumar Pachauri, Physician, will again appear before this court. October 13, 2025 S.C. (Arun Kumar Singh Deshwal,J.)

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. 2 BAIL No. 33908 of 2025

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 fracture is detected in CT scan on comminuted depressed 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 High Court Dispensary, who has also been requested to assist the court. It is surprising that the victim himself in his statement dated 19.05.2025 clearly stated that in CT scan, a fracture in skull has been detected and the CT scan itself was conducted on 03.05.2025. The report thereof was also made part of the case diary in parcha no.3 on 05.05.2025. Subsequently, the X-ray of the skull of the injured was conducted on 31.05.2025 despite the fact that Dr. Ashwani Kumar Pachauri in his opinion dated 02.05.2025 advised X-ray for the skull injury of the injured and even more surprising is the fact that X-ray was conducted on 31.05.2025 which shows no fracture in skull of the injured, which is absolutely improbable and appears to be manipulated, may be on the part of the concerned radiologist and the Investigating Officer, also appears to be negligent. This court takes into account that once the Investigating Officer found that comminuted depressed skull fracture had already been detected on 03.05.2025 and same is a part of case diary, how he got conducted the X-ray of the injured on

31.05.2025 and on the basis of opinion of Dr. Ashwani Kumar 3 BAIL No. 33908 of 2025 Pachauri, who relied upon the disputed X-ray that no fracture is detected in the skull, submitted chargesheet u/s 308 IPC. Though, prima facie, in such cases, chargesheet should have been filed u/s 307 IPC as the injury itself is grievous in nature and on the vital part. Apart from this injury there are four other injuries on the person of injured. Therefore, to verify the aforesaid fact, it would be appropriate to conduct enquiry.

5. In view of the above, Senior Superintendent of Police, Firozabad is directed to conduct an enquiry against Faisal Khan, Sub-Inspector and ascertain whether he was negligent in conducting investigation, taking into account the aforesaid fact.

6. C.M.O., Firozabad is also directed to conduct an enquiry in this matter taking help of senior radiologist including any other physician or surgeon and submit his report on the point whether the X-ray conducted on 31.05.2025 is manipulated, just to show that no fracture is found in the skull of injured despite the fact same is detected in CT scan.

7. The aforesaid exercise shall be concluded by the S.S.P., Firozabad as well as C.M.O., Firozabad, as the result of this enquiry will have effect on this bail. Therefore, this court is not inclined to release the applicant on bail today. However, instead of rejecting the bail, I deem it appropriate to consider it on the next date after perusal of the aforesaid enquiry.

8. Put up as fresh on 30.10.2025 at 10:00 am.

9. Registrar (Compliance) is directed to send a copy of this order to S.S.P., Firozabad as well as C.M.O., Firozabad.

10. On the next date of listing, Investigating Officer, Faisal Khan as well as Dr. Ashwani Kumar Pachauri, Physician, will again appear before this court. October 13, 2025 S.C. (Arun Kumar Singh Deshwal,J.)