Neutral Citation No. - 2025:AHC:51060 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5580 of 2025 Applicant :- Shubham Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. The is the second bail application. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 30 of 2024 at Police Station- Rail Bazar, District- Kanpur Nagar under Sections 302, 34 IPC. The applicant is in jail since 29.02.2024. The first bail application of the applicant was rejected by this Court on 19.12.2024. The following arguments made by Shri Ankit Kumar Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Ranjit Sagar, learned AGA from the record, entitle the applicant for grant of bail: 1. The incident occurred on 28.02.2024 at about 3:30 AM. 2. The FIR was lodged on 28.02.2024 at 6:31 AM by the brother of the deceased. 3. Briefly put the prosecution the prosecution case as set out in the FIR is that the deceased was assaulted by brick, stone and iron rod by Affan and two or three accomplices. The deceased was grievously injured in the incident. The deceased was declared dead on arrival at the hospital. 5. The applicant was not named in the FIR. 6. The applicant was neither nominated in the inquest report which was drawn up on 28.02.2024 in the presence of the family members of the deceased. 7. As per the prosecution case, one Mubarak had dialed the emergency police number 112 immediately after the incident. When the police authorities reached the site of the incident the family members of the deceased were present but they did not name the applicant. The said Mubarak never identified the applicant at that stage. 8. The said Mubarak subsequently nominated the applicant in a belated statement before the police authorities. The said statement is unreliable for various reasons. Firstly there was no cause for failure of the said Mubarak to nominate the applicant when he had dialed the police emergency number or at the time when the police reached at the site of the incident. The nomination of the applicant is an afterthought. 9. Similarly one person was subsequently set up as an eye witness only to save the failing prosecution case. The said Chand @ Mohd. Irfan had implicated the applicant. The said witness is unreliable for various reasons. There was no cause for the failure of the said Chand @ Mohd. Irfan to promptly inform the police authorities about the incident he had witnessed. The said Chand @ Mohd. Irfan falsely implicated the applicant at the instigation of inimical parties as an afterthought. 10. The role of the applicant is distinguishable from the other co-accused. 11. The applicant does not have any criminal history apart from this case. 12. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Shubham Jaiswal be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iii) The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties, or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 8.4.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad