HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27568 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Counsel for the applicant prays for and is permitted to correct the name of the applicant in the array of the parties during the course of the day. 2. Office is directed to make necessary correction in the computer database under the caption 'Applicant name'. 3. Heard learned counsel for the applicant and Sri S.S.Pandey, learned AGA for the State-respondent. 4. The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 107 of 2025, under Sections 105, 118(1), 351(3), 352, 3(5) BNS, Police Station Mohammadabad, District Ghazipur during the pendency of trial. 5. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 06.04.2025. The first information report was lodged on 07.04.2025. The delay is fatal to the prosecution case. As per the first information report, the applicant along with co- accused Govind Rajbhar allegedly assaulted Shiva Rajbhar and Rajan Rajbhar. In the statements of injured persons namely Rajan Versus Counsel for Applicant(s) : Ayush Singh, Ritu Singh Counsel for Opposite Party(s) : G.A. Rambaran Rajbhar .....Applicant(s) State of U.P. .....Opposite Party(s) Rajbhar (now deceased) and Shiva Rajbhar recorded on 07.04.2025, the co-accused Govind Rajbhar is said to have inflicted knife injuries on Rajan Rajbhar. The role of instigation has been assigned to the applicant. Rajan Rajbhar succumbed to his injuries on 09.04.2025. The case of the applicant is clearly distinguishable from that of co-accused Govind Rajbhar. It is next contended that after investigation, charge sheet has been filed. The applicant is in jail since 11.04.2025 having no criminal antecedents and in case he is enlarged on bail, he will not misuse the said liberty. 6. Learned AGA opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. 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 along with co-accused Govind Rajbhar allegedly assaulted Shiva Rajbhar and Rajan Rajbhar. In the statements of injured persons namely Rajan Rajbhar (now deceased) and Shiva Rajbhar recorded on 07.04.2025, co-accused Govind Rajbhar is said to have inflicted knife injuries on Rajan Rajbhar. The role of instigation has been assigned to the applicant. Further, the applicant has remained confined for almost six 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 the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Let the applicant Rambaran Rajbhar, 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; BAIL No. 27568 of 2025 2 (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 9. 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 7, 2025 Lbm/- BAIL No. 27568 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad