Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35338 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant, Sri Vipul Kumar Dubey, counsel for the informant 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. 167 of 2025, under Sections 351(3), 352, 115(2), 105 B.N.S., Police Station- Didarganj, 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 is alleged to have assaulted the brother-in-law (jeth) of the informant, namely, Vishram. During the course of treatment, Vishram died on 02.07.2025. According to the postmortem report of the deceased, a stitched wound of size 04 cm long was found and 05 stitches were present on left side lower mandible. In the opinion of the doctor, cause of death is shock due to antemortem cardiac arrest. It is contended that the death of the deceased was not caused due to the assault by the applicant. The applicant has no criminal antecedents. The applicant is in jail since 4.7.2025 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 in the opinion of the doctor, cause of death of the deceased is shock due to antemortem cardiac arrest.
Further, the Versus Counsel for Applicant(s) : Rajesh Pratap Singh Counsel for Opposite Party(s) : G.A. Suwant Alias Sravan .....Applicant(s) State of U.P. .....Opposite Party(s)
applicant has no criminal antecedents and has remained confined for more than three 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 Suwant Alias Sravan, 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. 35338 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad