HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30895 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri Nagendra Kumar Mishra, learned Brief Holder for the State and Sri Rajendra Kumar Rathore, counsel for the informant Perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 109 of 2025, under Sections 115(2), 352, 351(3), 105 B.N.S., Police Station- Jamalpur, District- Mirzapur during 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 10.7.2025. The first information report was lodged on 11.7.2025. The informant is the eye witness. The name of the applicant was subsequently disclosed by the injured persons in their statements. The injured persons stated that the applicant along with co-accused Chandrashekhar caused injury to the son of the informant by fists and kicks, whereas the other co-accused Chandra Bhushan and Chandra Bhan caused injuries by lathi. The son of the informant thereafter succumbed to the injuries. In the opinion of the doctor, the cause of death is ashpyxia due to Versus Counsel for Applicant(s) : Gunjan Dwivedi, Shri Prakash Dwivedi Counsel for Opposite Party(s) : G.A., Rajendra Kumar Rathore Suresh Vishwakarma .....Applicant(s) State of U.P. .....Opposite Party(s) antemortem cranio-cerebral damage as a result of head injury consequent to blunt force trauma/surface impact. It is contended that the said injury was caused by lathi. Further the injuries received by the other injured were simple in nature. The case of the applicant is clearly distinguishable from that of co-accused Chandra Bhushan and Chandra Bhan. The applicant is in jail since 19.7.2025 having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. for the State 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 the applicant was not named in the first information report. The name of the applicant was subsequently disclosed by the injured persons in their statements. As per the said statements, the applicant along with co-accused Chandrashekhar caused injury to the son of the informant by fists and kicks, whereas the other co-accused Chandra Bhushan and Chandra Bhan caused injuries by lathi. The son of the informant had succumbed to the injuries. In the opinion of the doctor, the cause of death is ashpyxia due to antemortem cranio-cerebral damage as a result of head injury consequent to blunt force trauma/surface impact. The injuries received by the other injured were simple in nature. The case of the applicant is clearly distinguishable from that of co-accused Chandra Bhushan and Chandra Bhan. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than two 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 intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. BAIL No. 30895 of 2025 2 6. Let the applicant, Suresh Vishwakarma involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 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 15, 2025 S.S. BAIL No. 30895 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad