Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33590 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Copy of statement of the doctor and copy of recovery memo of spade (Belcha), produced by learned AGA, are taken on record.
2. Heard Sri Sharad Saran Srivastava, learned counsel for the applicant, Sri Sunil Vishal Singh, counsel for the informant and Sri V.P.Tripathi, learned AGA for the State-respondent.
3. The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 147 of 2025, under Section 115(2), 105, 352, 351(2) BNS, Police Station Jasrana, District Firozabad during the pendency of trial.
4. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. A vague and general role has been assigned to the applicant. The applicant is in jail since 02.06.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.
5. Per contra, learned AGA and the counsel for the informant have opposed the prayer for bail.
6. After having heard learned counsel for the parties and having perused record, this Court prima facie finds that as per the statements of the independent witnesses namely Harish Kumar Shakya and Kartar Singh, the applicant is alleged to have assaulted the deceased on his head with a spade Versus Counsel for Applicant(s) : Sharad Saran Srivastava Counsel for Opposite Party(s) : G.A., Sunil Vishal Singh Rishi Kumar @ Alok Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
(Belcha). According to the postmortem report, the cause of death is COMA as a result of Ante-mortem head injury. The alleged spade (belcha) was recovered from the possession of the applicant. The offence is grave. There is likelihood that the applicant committed the offence.
7. Accordingly, the bail application is rejected.
8. The trial court is directed to conclude the trial expeditiously.
9. Office is directed to send a copy of this order to the court concerned for information. October 10, 2025 Lbm/- BAIL No. 33590 of 2025 2 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad