HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34551 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri Janardan Yadav, counsel for the informant and 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 applicant on bail in Case Crime No. 300 of 2025, under Sections 352, 351(3), 115(2), 105 and 3(5) B.N.S., Police Station- Mehnagar, District- Azamgarh, 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 five named accused is alleged to have assaulted the informant, his niece, sister-in-law, mother and his sister. Mother of the informant, namely, Dharma Devi succumbed to her injuries. According to the postmortem report, two injuries were found on the body of the deceased. Injury No.1 on the head and injury no.2 contusion on the left eye. In the opinion of the doctor, cause of death is coma due to antemortem head injury. The injuries sustained by the other injured persons were simple in nature. It is contended that a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused head injury to the deceased Dharma Devi. Investigation has been completed. Charge sheet has been filed. 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. Versus Counsel for Applicant(s) : Jitendra Singh Counsel for Opposite Party(s) : G.A., Janardan Yadav Manish .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that according to the postmortem report, two injuries were found on the body of the deceased.; injury No.1 on the head and injury no.2 contusion on the left eye; in the opinion of the doctor, cause of death of the deceased is coma due to antemortem head injury; a vague and general role has been assigned to the applicant; the applicant has not been nominated as the principal offender who caused head injury to the deceased and the injuries sustained by the other injured persons were simple in nature. Further, the applicant has no criminal antecedents and has remained confined for almost four 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 Manish, 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 14, 2025 Manish Kr BAIL No. 34551 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad