Neutral Citation No. - 2025:AHC:64218 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1112 of 2025 Applicant :- Ghanshyam Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Chaturvedi Counsel for Opposite Party :- Atharva Dixit,G.A.,Pranav Tiwary Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 2. Learned counsel for the applicant has argued that applicant is named along with named co-accused and two unknown persons. The allegation made in the F.I.R. is that all the accused persons assaulted the nephew of the informant. Learned counsel submits that the injured in his statement has made same allegations as was made in the F.I.R. and no specific allegation has been assigned by him to any of the accused. After the incident the injured was examined on 06.08.2024 at Rani Durgawati Medical College and Hospital at Banda wherein six lacerated wounds were found on the person of the injured on skull, chin, chest and right side of the body in mid axillary line. Learned counsel further submits that the injured was again examined at G.S.V.M. Medical College, Kanpur on 07.08.2024 wherein two new injuries have been mentioned as stab wound. As such there are contradictions in both these injury reports, which creates doubt about the prosecution case. Learned counsel further submits that since in the F.I.R. as well as in the statement of injured general allegation has been made against all the accused persons including the applicant and there are material contradictions in the two injury reports of the injured, the prosecution story becomes doubtful, therefore, the applicant may be enlarged on bail. 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 the applicant is in jail since 04.10.2024, with no criminal history. 3. Learned A.G.A. for the State has opposed the prayer for bail. 4. Learned counsel for the informant has vehemently opposed the prayer for bail by submitting that as per the second injury report the injuries sustained by the injured are grievous in nature, therefore, applicant does not deserve to be enlarged on bail, at this stage. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence as also considering the fact that in the F.I.R. as well as in the statement of injured general allegation has been made against all the accused persons including the applicant and there are material contradictions in the two injury reports of the injured, without expressing any opinion on merits, this Court finds it to be a fit case for bail, at this stage. Accordingly, the bail application stands allowed. 6. Let the applicant-Ghanshyam, be enlarged on bail in Case Crime No. 280 of 2024, under Sections 109(1), 352 of B.N.S., Police Station- Bisanda, District- Banda, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 25.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad