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2025 DAILYLAW 194567 (ALL)

SHANU v. STATE OF U.P.

BAIL/31096/2025 · 2025-10-09

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31096 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 perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 0054 of 2025, under Section 105 B.N.S., Police Station- Anwarganj, District-Kanpur Nagar during 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 Safiq (since deceased) by fists. Safiq succumbed to his injuries on his way to the hospital. According to the postmortem report, cause of death could not be ascertained. Blood was preserved for chemical analysis. Concentration, examination and expert opinion, heart preserved for HPE and expert opinion. It is contended that F.S.L. report is not available in the case diary. Further, as per the statement of the doctor, no external injury was found on the body of the deceased Safiq. The applicant is in jail since 16.7.2025 having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned Brief Holder for the State 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 as per the first information report, the applicant Versus Counsel for Applicant(s) : Chitranshu Srivastav Counsel for Opposite Party(s) : G.A. Shanu .....Applicant(s) State of U.P. .....Opposite Party(s) is alleged to have assaulted Safiq (since deceased) by fists. According to the postmortem report, cause of death could not be ascertained. Blood was preserved for chemical analysis. Concentration, examination and expert opinion, heart preserved for HPE and expert opinion. No F.S.L. report is available. As per the statement of the doctor, no external injury was found on the body of the deceased. 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. 6. Let the applicant, Shanu 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 10, 2025 S.S. BAIL No. 31096 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad