Neutral Citation No. - 2025:AHC:103942 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54412 of 2022 Applicant :- Durvijay Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Kumar Pathak,Deepak Kumar Tripathi,Sanjeev Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1.The present bail application has been moved by the applicant- accused Durvijay for the offence punishable under Sections 307, 326, 504 IPC in Case Crime No. 236 of 2022, Police Station- Khajini, District- Gorakhpur. 2.Mr. Deepak Kumar Tripathi, learned advocate, appears on behalf of applicant and submits that the accused applicant is in jail since 24.09.2022 in the matter of attempt to murder. The role of hitting by sharp object (Banka) is attributed on accused applicant when he entered the house of his real brother and gave Banka blow on his head with the intention to kill. It is submitted that the first information report is delayed by three days with no reason assigned for the said delay. Learned counsel for the applicant has drawn the attention of the Court towards the medical report at page no. 26, which shows the head injury and injury on the right hand finger caused due to large knife and further that the injured has been discharged satisfactorily by the doctor. It is further submitted that all the witnesses of fact have been examined in the trial and only formal witnesses are left to be examined. It is prayed that the bail application may be allowed. 3. Per contra, learned AGA submit that medical report of injured reveals three fractures out of which two of the skull bone and one in the right hand finger. The injury is on the vital part and as such it is prayed that the bail application be rejected. 4. This Court has taken into consideration the rival submissions made by the parties and perused the record. The coordinate Bench of this Court vide order dated 13.05.2025 called for report from the trial court concerned about the status of the trial. The report reveals that three witnesses including the complainant and victim have been examined. The formal witness has been summoned through bailable and non-bailable warrant. 5. The record prima facie reveals that there is unexplained delay in lodging the first information report. There is dispute between two real brothers, which lead to lodging of the FIR. As the deposition of injured witness as well as informant is already recorded, there is grim chance of any influence in ongoing trial by the accused- applicant. The accused-applicant is in jail since last three years. 6. Hence, without touching the merit of the case, this bail application is allowed. 8. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 3.7.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad