HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 18983 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Rejoinder affidavit filed by learned counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party, and Sri Balram Mishra, learned counsel for the informant. 3. The present bail application has been filed with the prayer to enlarge the applicants on bail in Case Crime No. 64 of 2025, under Sections 115(2), 352, 351(3), 110, 326(g), 131, 191(2), 190, 125, 105, 117(2) B.N.S., Police Station Mahuli, District Sant Kabir Nagar during the pendency of the trial. 4. Learned counsel for the applicants submits that the applicants were not named in the first information report and have been falsely implicated in the present case. The name of the applicants surfaced during investigation. According to the postmortem report, two injuries were found on the body of the deceased, one on the head and another a contusion around right eye. The applicants have not been nominated as the principal offender who caused injury on the head of the deceased. It is next contended that named accused Ratnesh Tiwari, Ashok Tiwari and Ashutosh Tiwari have been granted bail by this Court vide orders dated 23.09.2025 passed in Criminal Misc. Bail Application Nos. 19893 of 2025, Ratnesh Tiwari and another v. State of U.P., and 19424 of 2025, Ashutosh Tiwari @ Golu v. State of U.P. The case of the applicants is on better footing than that of the named accused. The applicant nos. 1 and 2 are in jail since 16.03.2025 and 17.03.2025 respectively having no criminal history and if they are released on bail, they Versus Counsel for Applicant(s) : Amaresh Yadava, Angad Yadav Counsel for Opposite Party(s) : Balram Mishra, G.A. Jai Prakash Yadav And Another .....Applicant(s) State of U.P. .....Opposite Party(s) will not misuse the said liberty. 5. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicants were not named in the first information report, their name surfaced during investigation. According to the postmortem report, two injuries were found on the body of the deceased, one on the head and another a contusion around right eye. The applicants have not been nominated as the principal offender who caused injury on the head of the deceased. Named accused Ratnesh Tiwari, Ashok Tiwari and Ashutosh Tiwari have been granted bail by this Court. The applicants have no criminal antecedents. Moreover, the applicants have remained confined for almost seven months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, without commenting on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 7. Let the applicants- Jai Prakash Yadav and Yogendra Yadav, involved in the aforesaid case, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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; and, (iii) shall not pressurize the prosecution witnesses. 8. 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 SKT/- BAIL No. 18983 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad