BAIL/31630/2026 of DASRATH NANDAN Vs STATE OF U.P. on 22 September 2026

1. Sri Sarthak Verma, learned counsel for applicant hands up supplementary affidavit enclosing the additional documents in support of bail application, the same is taken on record. 1A. Heard Sri Verma, learned counsel for accused applicant and learned A.G.A. for State.

2. The present bail application has been moved by the applicant accused- Dasrath Nandan to enlarge him on bail in Case Crime No. 169 of 2026, under Sections 109, 352 of BNS, P.S.- Kotwali Dehat, District- Mirzapur, during the pendency of trial.

3. It is the contention of learned counsel for applicant that a belated FIR has been lodged by the wife of injured against the accused applicant, who is neighbour, on 09.04.2026 at 21:16 hours for the alleged incident dated 08.04.2026 occurred at 14:00 hours. It is alleged in the FIR that the accused applicant has called her husband Upendra to his house as there was a monetary transaction between the two. Due to some altercation, the accused applicant has assaulted Upendra with a vegetable knife and stabbed in his abdomen. It is further contended that the accused has been falsely implicated in this case. No such incident has occurred. There is marked improvement in the place of incident through the case diary as the initial occurrence is shown in the house of the accused applicant which was later on transformed to the occurrence of the road in front of the house of the informant. Further submits that there is no medico legal Versus Counsel for Applicant(s) : Sarthak Verma Counsel for Opposite Party(s) : G.A. Dasrath Nandan .....Applicant(s) State of U.P. .....Opposite Party(s)

examination carried out initially and on subsequent treatment it is found that there is no diagnostic abnormality. The accused applicant has no criminal history. No recovery has been shown at the instance of the accused applicant. The charge sheet is submitted. The accused applicant is languishing in jail since 05.06.2026. He seeks enlargement of accused on bail.

4. Learned A.G.A. for State opposed the bail application.

5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record.

6. Considering the apparent delay in FIR, inconsistent medico legal examination report and the change in the place of incident, the accused/applicant is entitled to be released on bail.

7. Hence, without touching merit of the case, the bail application is allowed.

8. The accused/applicant 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 court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685].

9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 23, 2026 Sharad/- BAIL No. 31630 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad