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2026 DAILYLAW 4177 (ALL)

CHHOTU @ ANIL CHAUHAN v. STATE OF U.P.

BAIL/6745/2026 · 2026-04-20

Harvir Singh

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6745 of 2026 Court No. - 70 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the applicant and learned AGA for the State and perused the record. 2. By means of this application, the applicant who is involved in case crime no. 249 of 2025, under Sections 109 (1), 351 (3), 352, 3 (5) B. N. S. and Sections-4/25 of Arms Act, P. S. Zafrabad, District-Jaunpur, is seeking enlargement on bail during the trial. 3. In the F. I. R., which was lodged by the complainant, namely, Amit Singh, who is neighbour of the injured Jai Prakash Singh, allegations of causing knife injury have been levelled against three named persons, including the applicant and one unnamed person. F. I. R. further narrates that in the incident injured Jai Prakash Singh has sustained grevious injuries, which are fatal to life and he is undergoing treatment in the hospital. 4. Learned counsel for the applicant has submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that general role of assault with knife on the injured person has been made against three named, including the applicant and one unknown person. He further stated that the applicant was neither arrested from the spot nor any knife was recovered from the spot. He lastly submitted that the applicant, who is in jail since 28.10.2025 and has no criminal antecedent, is entitled to be enlarged on bail during pendency of the trial. 5. Per contra, learned counsel for the informant has opposed the prayer for bail and submitted that the allegation of stabbing with knife in the stomach of the injured, has been levelled against the applicant. 6. I have considered the rival contentions of the parties, nature of offence, Versus Counsel for Applicant(s) : Kailash Nath Singh Counsel for Opposite Party(s) : G.A. Chhotu @ Anil Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s) evidence, complicity of the accused, severity of punishment and all attending facts and circumstances of the case and the fact that the injured as well as all other witnesses have specifically assigned the role of stabbing the injured in his stomach to the applicant. The injuries sustained by the injured are produced hereinbelow:- "PUS C/S(30/10/25) OPERATIVE PROCEDURE, OPERATIVE FINDINGS ELPL PRIMARY REPAIR OF TRANSVERSE COLON PERFORATION WITH PROXIMAL LOOP ILEOSTOMY WITH PRIMARY REPAIR OF GASTRIC PERFORATION DONE UNDER GA ON 28/10/25, CULTURE STERILE 100 ml of serosanguinous content aspirated from abdomen. 4x5 cm rent present over greater omentum and lesser sac, 2 perforation of 1x1 cm and 2x2 cm over antemesentric border of mid transverse colon, 1x1 cm rent over greater curvature of somach in the posterior aspect pre pyloric, Transverse colon perforation repaired in 2layers, Gastric perforation repaired with silk 20 crb, Proximal loop ileostomy done 1.5 feet from icr, Primary repair of abdominal wall wound done with Prolene 10 and nylon 20 CCN, 32 Fr. ADR drain placed in subhepatic and pelvis. Blood Transfusion I UNIT WB TRANSFUSED ON 29/10/25 AND 1 UNIT TRANSFUSED ON 30/10/25, Blood Group AB Positive, Wound Infection No. Course During Hospital Stav: The Patient Presented To The ER With The Above Mentioned Complaints And Was Investigated, Admitted And Managed With The Abave Mentioned Procedures. The Drain Output On Pod1 was 100 MI (Serosanguinous) In Pelvic Drain which gradually became minimal and was removed on POD 6 And 200 MI (Serosanguinous) In SubHepatic Drain Which Reduced To Minimal On POD S and was subsequently removed on POD 5.Stoma became functional on POD 3. RT Output On Pod 1 Was 100 MI (Bilious) Which Reduced To Minimal And Was Removed On POD 4." 7. Keeping in view the nature of the injures sustained by the injured, this Court is not inclined to enlarge the applicant on bail. 8. Accordingly, this bail application moved on behalf of applicant Chhotu alias Anil Chauhan is rejected. April 21, 2026 HR (Harvir Singh,J.) BAIL No. 6745 of 2026 2 Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad