HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33609 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicants Sri Nagendra Mishra, 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 applicants on bail in Case Crime No. 270 of 2025, under Sections 3(5), 115(2), 105 B.N.S., Police Station- Tappal, District- Aligarh, during the pendency of the trial. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, the applicants along with six named accused are alleged to have assaulted the son of the informant. According to the postmortem report, cause of death is cardiac arrest due to antemortem myocardial infraction. The doctor has also stated that the deceased died due to cardiac arrest/antemortem myocardial infraction. It is next contended that identically placed co-accused Omveer alias Gamira and Sunil have been enlarged on bail by this Court vide order dated 16.9.2025 passed in Criminal Misc. Bail Application No.25717 of 2025. Applicants claim parity. The applicants have no criminal antecedents. The applicants are in jail since 23.6.2025 and in case, they are enlarged on bail, they 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 according to the postmortem report, cause of death is cardiac arrest due to antemortem myocardial infraction; the doctor has also stated that the deceased died due to cardiac arrest/antemortem Versus Counsel for Applicant(s) : Ajeet Sharma, Divakar Rai Sharma Counsel for Opposite Party(s) : G.A. Dharmendra Alias Dharmu Alias Dharam Singh And Another .....Applicant(s) State of U.P. .....Opposite Party(s) myocardial infraction; identically placed co-accused Omveer alias Gamira and Sunil have been enlarged on bail by this Court. Further, the applicants have no criminal antecedents and have remained confined for more than three 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 applicants, 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 applicants are entitled to be enlarged on bail. 6. Let the applicants Dharmendra @ Dharmu @ Dharam Singh and Krishna @ Kishan 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 they : (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. 33609 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad