HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35215 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri Bhanu Pratap Verma, counsel for the informant and Sri S.S.Pandey, learned AGA for the State-respondent. 2. The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 270 of 2025, under Sections 115(2), 352, 351(3), 333, 105 BNS, Police Station Junawai, District Sambhal during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. According to the postmortem report, the ante- mortem injuries are 'a black colored scabbed abrasion with scab fallen off at the periphery of size 1 cm x 1 cm present over left elbow joint'. In the opinion of the doctor, 'the provisional cause of death in this case is due to sepsis as a complication of pneumothorax consequent upon rupture of lung abscess. However, viscera has been preserved to rule out any concomitant poisoning and of intoxication. Final opinion will be given after receipt of reports of viscera'. It is contended that the son of the informant (now deceased) was suffering from Tuberculosis disease, and died due to said disease. Further, identically placed co-accused Israr and Nasruddin have been granted bail by the co-ordinate Bench of this Court vide order dated 18.09.2025 passed in Criminal Misc. Bail Application No. 31056 of 2025. The applicant claims parity. The applicant is in jail since 28.08.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. Versus Counsel for Applicant(s) : Manoj Pandey Counsel for Opposite Party(s) : Bhanu Pratap Verma, G.A. Suwan .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Learned AGA and the 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 according to the postmortem report the cause of death is due to lung abscess. Viscera was preserved. Identically placed co- accused Israr and Nasruddin have been granted bail by the co-ordinate Bench of this Court. The applicant has no criminal antecedents. Further, the applicant has remained confined for more than one month 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 the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Suwan, involved in the aforesaid case be released on bail on his 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; and, (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 13, 2025 Lbm/- BAIL No. 35215 of 2025 2 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad