HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33457 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant and Sri V. P. Tripathi, 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. 84 of 2025, under Sections 115(2), 351(3), 118(1), 110, 105 B.N.S., Police Station- Hajratnagar Garhi, District- Sambhal, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with three named accused is alleged to have assaulted Ishtekar and Irshad. Irshad succumbed to his injuries on 5.6.2025. According to the postmortem report, the deceased Irshad received single injury on his head. In the statement of the injured Ishtekar, specific role of causing injury upon the head of deceased Irshad has been assigned to co-accused Mohd. Ali. A vague and general role has been assigned to the applicant. The case of the applicant is clearly distinguishable from that of co-accused Mohd. Ali. The applicant has no criminal antecedents. The applicant is in jail since 13.6.2025 and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA and counsel for the informant have 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 according to the postmortem report, the deceased Irshad received single injury on his head. In the statement of the Versus Counsel for Applicant(s) : Sunil Kumar Dubey Counsel for Opposite Party(s) : G.A. Chand .....Applicant(s) State of U.P. .....Opposite Party(s) injured Ishtekar, specific role of causing injury upon the head of deceased Irshad has been assigned to co-accused Mohd. Ali. A vague and general role has been assigned to the applicant. Further, the applicant has no criminal antecedents and has remained confined for almost four months and 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 Chand, 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 10, 2025 Manish Kr BAIL No. 33457 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad