Neutral Citation No. - 2025:AHC:40852 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2230 of 2025 Applicant :- Babbu @ Baburam Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sanjeev Kumar Khare, learned counsel for the applicant and Sri Ghanshyam Mishra, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 264 of 2024, under Sections 333, 115(2), 352, 351(3), 105 BNS, Police Station- Charkhari, District- Mahoba, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 02.11.2024 against applicant and his wife and according to FIR, on 06.10.2024 at about 11:20 a.m. in the morning, applicant caused injury to the husband of the informant through wooden stick due to which, he sustained serious injuries and during treatment on 25.10.2024, he died. 4. Learned counsel for the applicant submitted that incident is said to have taken placed on 06.10.2024 but FIR was lodged on 02.11.2024 i.e. after about 26 days. 5. He further submitted that even as per prosecution, deceased died on 25.10.2024, therefore, FIR is highly delayed and no proper explanation has been given by the informant in this regard. 6. He further submitted that actually applicant never caused injury to the deceased as alleged in the FIR and deceased sustained injury by falling and during treatment, he died and this fact is evident from the page no. 42 of the paper book, which is police information report of the hospital, in which, as per complaint made by family members of the deceased, he accidentally sustained injury. He further submitted that after more than three weeks, on the basis of false allegation, applicant has been made accused in the present matter. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 03.11.2024. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, due to assault made by applicant through wooden stick deceased died but it reflects that FIR was lodged after more than 26 days from the date of alleged incident and even after one week from the date of the death of the deceased, therefore, there is inordinate delay in lodging the FIR of the present case. 11. Further, from page no. 42 of the paper book, it reflects that when deceased was admitted to the hospital then his family members informed to the hospital that deceased sustained injury accidentally. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 03.11.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Babbu @ Baburam 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. 16. 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. 17. It is clarified that the observations made herein are limited to the facts 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. Order Date :- 20.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad