Neutral Citation No. - 2025:AHC:60844 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6847 of 2025 Applicant :- Chhote Alias Arjun Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Sri Chandan Singh the learned A.G.A. for the State and perused the entire material available on record. 2. The applicant-Chhote alias Arjun Yadav has filed the instant bail application with a prayer to enlarge him on bail in Crime No.834 of 2024, under Sections 109, 352 I.P.C., Police Station Kasia District Kushinagar, during the pendency of the trial. 3. The prosecution story in brief is that on 26.12.2024 at about 07:30 P.M. due to old enmity the applicant came in front of door of the informant and started abusing his son, in the meantime, the applicant stabbed his son firstly in his stomach, thereafter on his chest, due to which, he became unconscious on alarm, the villagers came on the spot and the accused ran away from the spot. The injured was admitted in Kasaya Government Hospital, thereafter referred to District Hospital. 4. Learned counsel for the applicant submits that the incident is alleged to occurred at about 7:30 P.M. on 26.12.2024 whereas the F.I.R. has been lodged on 29.12.2024 without there being any plausible explanation of such an inordinate delay. He further submits that the incident took place at about 07:30 P.M., and no source of light has been described in the F.I.R. Learned counsel further submits that there is no independent witness of the alleged incident. Learned counsel next argued that the applicant was arrested from his house and nothing has been recovered either on his pointing out or from his possession. The alleged recovered knife is nothing but planted one. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 29.12.2024. It is thus contended that the applicant is entitled for bail. 5. On the other hand, learned A.G.A. for the State has contended that there is specific allegation against the applicant. Old enmity is also admitted. He further submits that statement of the informant as well as witnesses recorded under Section 180 of B.N.S., fully corroborates the prosecution story. He next submits that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 6. Perusal of the record shows that the applicant has been assigned specific role of stabbing which version is fully supported by the informant as well as other independent eye-witnesses in their statements recorded under Section 180 B.N.S.S. Apart from the aforesaid, old enmity also exists between the parties, thus there is motive behind the alleged offence. 7. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused-applicant. 8. Accordingly, the bail application stands rejected. Order Date :- 22.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad