Neutral Citation No. - 2025:AHC:120623 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23530 of 2025 Applicant :- Sonu Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Sahani, Narendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-By means of this bail application, applicant Sonu Nishad, who is involved in Case Crime No. 478 of 2025, under Sections 109, 351(3), 352 BNS, police station Gulariha, district Gorakhpur seeks enlargement on bail during the pendency of trial. 2-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. 3-As per prosecution case, in brief, the complainant got a first information report lodged on 29.05.2025 against the applicant Sonu and co-accused Monu Kumar alleging inter alia that her parcener (pattidar) Sonu used to beat his wife and she, for safeguarding herself, used to come to her out of fear. Regarding this, on 28.05.2025 at about 07:00 P.M., the applicant took a sickle in his hand with an intention to kill attacked on her neck, due to which, she got injured on her face. On making noise, the applicant ran away. Thereafter, applicant's brother Monu started abusing and threatening her. She was taken to doctor, where she got several stitches on her face. 4-It is contended by learned counsel for the applicant that the applicant has been falsely implicated in this case. In fact there was fight between applicant and his wife. The complainant came there to mediate. She was pushed by the applicant, whereby she fell down and received injuries from sickle, which was lying nearby. The injures of the injured/complainant are simple in nature. It is also submitted that bail is rule and jail is exception. The applicant does not have any criminal history to his credit. Lastly, it is submitted that the applicant is languishing in jail since 30.05.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that the injured/complainant in the F.I.R. as well as in her statement has made specific allegation of causing injury with sickle to her against the applicant, which is corroborated from the injury report. Hence, bail application of the applicant is liable to be rejected. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that the applicant is only accused in this case. The injured/complainant fully supported the prosecution case. As per injury report, injured received "stitched wound size 9 cm long with 10 stitches on left side of face from left lower jaw to left ear". The weapon of assault (sickle) which was used in commission of crime was also recovered at the pointing out of the applicant. As on date, the statement of the injured cannot be disbelieved. So far as parameter for granting or refusing bail is concerned, no straight-jacket formula can be laid down. Each case depends on its own fact. The manner of assault and gravity of offence is also one of the relevant factor while considering bail of accused. In the present case, manner, in which crime has been committed by the applicant, is matter of serious concern. 7-Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant, nature of injury, statement of injured and severity of punishment, I do not find any good ground to release the applicant on bail. 8-Accordingly, the bail application is rejected. 9-It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. Order Date :- 23.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad