Neutral Citation No. - 2025:AHC:78702 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15397 of 2025 Applicant :- Aman Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tewari,Pradyumn Kumar Counsel for Opposite Party :- Amit Kumar Srivastava,G.A.,Sudhanshu Pandey Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Sri Bhagwati Prasad Dwivedi, the learned A.G.A. for the State, Sri Sudhanshu Pandey, learned counsel for the informant and perused the entire material available on record. 2. The applicant-Aman Kumar Gupta, has filed the instant bail application with a prayer to enlarge him on bail in Crime No. 95 of 2025, under Sections 109, 115(2), 352, 351(3) B.N.S., Police Station Kotwali, District Ballia during the pendency of the trial. 3. The prosecution story in brief is that on 04.03.2025 at about 07:30 P.M., the informant was outside his house and due to old dispute, the applicant in a preplanned manner, armed with axe and dao (sword) assaulted on his head and face behind his back, in the meantime, the family members of the informant also came and abused him, on alarm, the nearby persons came and they ran away from the place of occurrence. 4. Learned counsel for the applicant submits that the incident took place at the spur of the moment in which it is not known as to who is the aggressors of the incident. Learned counsel further argued that from the applicant's side, his mother has also lodged an F.I.R., informant side and that there is no independent witness of the alleged incident. Learned counsel further argued that there is no credible evidence against the applicant to connect him in commission of alleged offence. Learned counsel further argued that the Investigating officer has not collected the CCTV footage as well as other electronic evidence and without any cogent evidence has arrested the applicant for the offence, which he has not committed at all. It also also been argued that the alleged weapons has also not been recovered from the possession of the applicant. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. 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 05.03.2025. It is thus contended that the applicant is entitled for bail. 5. On the other hand, learned A.G.A. for the State as well as learned counsel for the informant have 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 assault which version is fully supported by the informant as well as other eye-witnesses in their statements recorded under Section 180 B.N.S.S. Apart from the aforesaid, the injury report also shows that there is a fracture of left high parietal bone and anterior wall of right frontal bone. 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 :- 14.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad