Mohd. Azhar Husain Idrisi, J.

1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

2. The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No. 287 of 2021, under Sections 307, 323, 324, 504, 506 I.P.C., Police Station- Badahalganj, District Gorakhpur, during the pendency of trial.

3. It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further argued that the F.I.R. was lodged under Sections 323, 324, 504, 506 I.P.C. but during investigation Section 307 I.P.C. was added. It is argued that the doctor who examined the injured Krishna Kumar Gond who is the first informant, has given his statement to the Investigating Officer that injury if would have reached neck then would have become grievous and dangerous to life. It is argued that the injuries of the injured were not dangerous to life. It is next argued that nature and size of the injuries as shown do not in any manner corroborate with the use of knife and the allegation of use of knife is false. The applicant has no criminal antecedents. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 6.7.2022 and the possibility of conclusion of trial in near future is very bleak.

4. Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that the innocence of the applicant cannot be adjudged at pre trial stage.

5. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case.

6. Accordingly bail application is allowed.

7. Let applicant Deepak Chaurasiya@ Pradeep Chaurasiya involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.