HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4379 of 2026 Court No. - 70 HON'BLE HARVIR SINGH, J. 1. Counter affidavit filed by learned counsel for the informant in the Court today, is taken on record. 2. Heard learned counsel for the accused-applicant, learned counsel for the informant and learned A.G.A. for the State and perused the material available on record. 3. This bail application has been moved on behalf of the accused-applicant for grant of bail, in Case Crime No. 139 of 2025, under Sections 109 (1), 352, 118 (1) B.N. S., Police Station Chitaipur, District Varanasi, during pendency of trial. 4. Briefly stated, as per the allegations levelled and the incident narrated in the FIR, which was lodged by the father of the injured against the applicant and one unknown person, alleging that, while the applicant was abusing at the Chat shop of the victim, which was objected by the injured, the applicant stabbed his son Amit Kesari (injured) with a knife at his back. Meanwhile, other unknown accused also came at the place of incident and caught hold the injured at his neck and applicant again stabbed him at his lips and shoulders. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the incident is alleged to have taken place on 24.8.2025, whereas the first information report was lodged after three days on 27.8.2025 against the applicant and one unknown person. There is no explanation for delay in lodging the first information report. It is further Versus Counsel for Applicant(s) : Balwant Kumar Singh, Sudhakar Yadav, Vaishno Poojan Yadav Counsel for Opposite Party(s) : G.A., Prashant Pandey Sunil Yadav @ Sopadu .....Applicant(s) State of U.P. .....Opposite Party(s) submitted that there are contradictions in the F. I. R. version and the statement of the injured. There is variance at large in the statements of the witnesses. As per the report of C. E. C. T.-Whole abdomen, No Diagnostic Abnormality was seen. C. E. C. T. -Thorax report also does not indicate any abnormality. It is lastly submitted that the applicant, who has no criminal antecedents and is in jail since 1.1.2026, is entitled to be enlarged on bail during trial. 6. Per contra, learned AGA has opposed the prayer for bail and submitted that the applicant is accused of causing grevious injuries to the injured. 7. Having considered the rival contentions of the parties, nature of offence, evidence, complicity of the accused, severity of punishment and all attending facts and circumstances of the case, and the fact that there is variance of the facts narrated in the first information report and statement of the injured and witnesses and the fact that the medical report of the injured does not indicate any significant abnormality, without expressing any opinion on merits of the case, the Court is of the considered view that the applicant has made out a case for being enlarged on bail. The instant bail application is allowed. 8. Let the applicant Sunil Yadav alias Sopadu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 9. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 10. Identity and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted. April 10, 2026 HR BAIL No. 4379 of 2026 2 (Harvir Singh,J.) Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad