HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34663 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Copy of the viscera report produced by Sri Neeraj Kumar Sharma, learned A.G.A., is taken on record. 2. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 3. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 238 of 2024, under Sections 105, 115(2), 351(2), 238 B.N.S., Police Station Jaitpura, District Varanasi during the pendency of the trial. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. According to the postmortem report, a single injury on right elbow joint was found. The cause of death could not be ascertained and the viscera was preserved. As per the FSL report, no poison was found. It is contended that the death of the deceased cannot be attributed to the alleged incident dated 01.11.2024. It is next contended that identically placed co-accused Suraj Yadav @ Sonu has been granted bail by this Court vide order dated 03.06.2025 passed in Criminal Misc. Bail Application No. 17176 of 2025, Suraj Yadav alias Sonu v. State of U.P. The applicant claims parity. The criminal history of the applicant has been explained in Paragraph-16 of the affidavit. The applicant is in jail since 06.02.2025 and if he is released on bail, he will not misuse the said liberty. Versus Counsel for Applicant(s) : Lakshman Tripathi, Suryansh Pandey Counsel for Opposite Party(s) : G.A. Vishal Kharwar @ Bachcha .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that according to the postmortem report, a single injury on right elbow joint was found, the cause of death could not be ascertained and the viscera was preserved. As per the FSL report, no poison was found. Identically placed co-accused Suraj Yadav @ Sonu has been granted bail by this Court. Moreover, the applicant has remained confined for more than eight months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Vishal Kharwar @ Bachcha, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 29, 2025 SKT/- BAIL No. 34663 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad