HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33168 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Parvesh Kumar Pandey, learned counsel for applicant, Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.253 of 2025, under Sections 103(1), 352 B.N.S. and 4/25 Arms Act, Police Station Nawabganj, District Prayagraj with the prayer to enlarge him on bail. 4. As per prosecution story, the applicant alongwith co-accused person Suresh Harijan is stated to have assaulted and caused stab wounds to the brother of the informant on 04.06.2025 at about 10:45 p.m., thereby caused his death instantaneously. 5. Learned counsel for the applicant has stated that the FIR is delayed by about six hours and there is no explanation of the said delay caused. As per FIR, there are general and omnibus allegations against all the accused persons, but subsequently the version has been changed by the informant, whereby he has stated that the co-accused person Aryan caught hold of the deceased person and the applicant stabbed him several times and caused the death of the brother of informant. 6. Learned counsel for the applicant has further stated that the applicant had Versus Counsel for Applicant(s) : Parvesh Kumar Pandey, Shre Ram Counsel for Opposite Party(s) : G.A. Suresh Kumar Harijan .....Applicant(s) State of U.P. .....Opposite Party(s) also sustained injuries on his body, which have not been explained by the prosecution. The case of the applicant is at par with the co-accused person Aryan Harijan who has been enlarged on bail by this Court vide order dated 27.08.2025 passed in Criminal Misc. Bail Application No.29464 of 2025. The applicant is in jail since 06.06.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the said injury can be manufactured as there is no original medical examination report of the applicant annexed, rather the medical examination of the applicant has been conducted by the police that too on 06.06.2025, which indicated the stitched wounds. The applicant being the main accused person who had caused stab injuries to the deceased person is not entitled for bail. 8. Learned A.G.A. has further stated that the applicant kept on stabbing the deceased person till his death. The injuries are on vital part of the body. Three eye-witnesses have reiterated the said allegations that it was the applicant who had stabbed the deceased person. 9. After hearing learned counsel for the parties and taking into consideration the fact that the applicant is the main accused person and even the said fact stands mentioned in the bail application of the co-accused person and also taking into consideration the statement of the informant and eye-witnesses, I do not find it a fit case for grant of bail to the applicant. 10. The bail application is found devoid of merits and is, accordingly, rejected. 11. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 12. It is clarified that the observations made herein are limited to the facts BAIL No. 33168 of 2025 2 brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. (Krishan Pahal,J.) October 9, 2025 (Ravi Kant) BAIL No. 33168 of 2025 3 Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad