HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36330 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 144 of 2025, under Section 105 B.N.S., Police Station- Lodha, District- Aligarh, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The incident is alleged to have occurred on 26.05.2025. The first information report was lodged on 05.06.2025. The delay is fatal to the prosecution case. The name of the applicant was disclosed in the second statement of the informant after 25 days of the alleged incident. It is contended that the said statement is an afterthought. Further, identically placed co-accused Sheelu alias Sheelendra has been granted bail by this Court vide order dated 9.9.2025 passed in Criminal Misc. Bail Application No.30641 of 2025. Applicant claims parity. Investigation has been completed. Charge sheet has been filed. The applicant has no criminal antecedents. The applicant is in jail since 12.7.2025 and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that the applicant was not named in the first information report; the first information report was lodged belatedly; the name of the applicant was disclosed in the second statement of the informant Versus Counsel for Applicant(s) : Jitendra Pal Singh Counsel for Opposite Party(s) : G.A. Anil Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) after 25 days of the alleged incident and identically placed co-accused Sheelu alias Sheelendra has been granted bail by this Court. Further, the applicant has no criminal antecedents and has remained confined for more than three months and after submission of charge sheet there is no hope of early conclusion of trial, more so when 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, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Anil Kumar, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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; (iii) shall not pressurize the prosecution witnesses. 7. 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 17, 2025 Manish Kr BAIL No. 36330 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad