HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20745 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Suneel Kumar Mishra, learned counsel for the applicant, Sri Sudeep Dwivedi, learned counsel for the informant, Sri Manoj Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 2. Applicant seeks bail in Case Crime No. 91 of 2025, under Sections 191(2), 131, 115(2), 351(2), 352, 110, 105 B.N.S. Police Station Kotwali Dehat, District Mirzapur, during the pendency of trial. 3. As per FIR, on 15.03.2025 at 7:00 p.m., the applicant along with other three co-accused persons are said to have been assaulted on the father of the informant causing a grievous injury to him, who became unconscious. The injured person who was rushed to the hospital where he had succumbed to the injuries during the treatment. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about five and half hours and there is no explanation of the said delay caused. Injured person has sustained only one injury. The persons, who are stated to have assaulted the deceased as such the prosecution story is not narrated in the FIR. Contused swelling 5x4 cm were found over left side of head in Parietal area as such it is a case of false implication. There is no criminal history of the applicant. It is further submitted that on the similar footing the co- accused Balandu Bind Alias Ajay Kumar Bind has been granted bail by the Court vide order dated 28.08.2025 passed in Criminal Misc. Bail Versus Counsel for Applicant(s) : Piyush Kumar Pandey, Pramod Kumar Mishra, Suneel Kumar Mishra Counsel for Opposite Party(s) : Ashok Kumar Gautam, G.A., Sudeep Dwivedi Suneel Kumar Bind .....Applicant(s) State of U.P. .....Opposite Party(s) Application No. 29694 of 2025 therefore, the applicant is also entitled to be released on bail.The applicant is languishing in jail since 24.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned counsel for the informant and learned A.G.A. has vehemently opposed the bail application and submitted that the deceased was rushed to the hospital where he succumbed to the injuries and after the death of the deceased person, informant went to the police station to institute the FIR. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the deceased has sustained only one injury and there are two assailants caused injuries to him and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant, Suneel Kumar Bind, who is involved in aforementioned case crime 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 following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 4, 2025 pks BAIL No. 20745 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad