Bail may be granted when the official medical report classifies injuries as simple, the chargesheet is filed, the accused has no criminal history, and custodial interrogation is no longer necessary, despite conflicting private medical opinions.

1. Heard Learned counsel for the applicant, Learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime no.13 of 2026, under Sections 109(1), 352 BNS, Police Station AIIMS, District Gorakhpur.

3. Learned counsel for the applicant states that the applicant has falsely been implicated in the present case. He is in jail since 13.01.2026. The injured is said to have received five injuries, out of which four injuries may have been caused by a sharp edged weapon. However, all the injuries have been opined to be simple in nature in the medical examination report. The applicant has no criminal antecedents.

4. Learned AGA has opposed the prayer for bail and has contended that grievous injuries, dangerous to life, have been found on the person of the injured. The doctor, Dr. Anand Kumar Agrawal of Anand Lok Remedial Research Centre Pvt. Ltd., in his statement, has stated that the intestine of the victim had been torn due to the injuries, which were dangerous to life. He, however, could not point out any criminal antecedents of the applicant.

5. I have considered the submissions made by Learned counsels for the parties.

6. The medico legal examination report prepared at the Netaji Subhash Chandra Bose District Hospital, Gorakhpur, while describing the injuries of the injured, has recorded the opinion of the doctor that all the injuries are simple in nature. The injured appears to have been operated at a private hospital and the doctor, Dr. Anand Kumar Agrawal of Anand Lok Remedial Research Centre Pvt. Ltd., has, in his statement, stated that the intestine of the injured was torn and an Ileostomy was performed. However, the injured, as per his statement, was admitted on 14.01.2026 and was discharged on 20.01.2026. The applicant is in jail since 13.01.2026. A chargesheet has been submitted against the applicant and he is no longer required for any custodial interrogation. The trial against the applicant is not likely to conclude in the near future. The applicant has no criminal antecedents.

7. Taking into account abovementioned facts and circumstances of the case and the fact that the applicant and the injured are neighbours, who appear to have some previous enmity, a prima facie case for bail is made out.

8. The bail application is allowed

9. Let the accused-applicant, Durgesh Chauhan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

(i) The applicant will not tamper with the evidence.

(ii) The applicant will not indulge in any criminal activity.

(iii) The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

(iv) The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned.

10. In the event of breach of any of the aforesaid conditions, the court concerned will be at liberty to proceed to cancel his bail.

11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

12. It is further directed that the trial court sh