HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28321 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ashwini Tripathi, Advocate holding brief of Sri Raghuvansh Misra, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer, Sri Upendra Kumar Mishra, learned counsel for the informant and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 150 of 2025, under Sections 105, 3(5) B.N.S., Police Station Vishunpura, District Kushinagar, during the pendency of trial. 4. As per prosecution story, the applicant along with three other co-accused persons namely, Anoop Yadav, Rajesh Yadav and Vikas Kushwaha is stated to have assaulted the mother-in-law of the informant with a brick which hit her chest and caused her death on 31.05.2025 at about 11.30 AM. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed about 5 hours and there is no explanation of the said delay caused. The prosecution story stands falsified from the postmortem report itself as no external injury has been found on the body, even the doctor could not find any internal injury on the body and as such the cause of death could not be ascertained and her viscera has been preserved. 6. Learned counsel for the applicant has further stated that it is not possible Versus Counsel for Applicant(s) : Raghuvansh Misra, Shivang Counsel for Opposite Party(s) : G.A., Santosh Kumar Pandey, Upendra Kumar Mishra Toofani Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) to commit the offence as mentioned in the FIR and as it is stated that four persons hit once with a brick. 7. Learned counsel for the applicant has further submitted that earlier one also, there were cross FIR instituted against each other by wife of applicant and neighbour Umesh Gaur and the applicant has yet to apply for bail in the said case instituted against the applicant by Umesh Gaur. The applicant is languishing in jail since 01.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned counsel for the informant has vehemently opposed the bail application and submitted that the applicant has not explained the criminal history properly as he has not applied for bail in case crime no. 149 of 2025. The instant FIR has been instituted just after the said FIR no. 149 of 2025 was instituted by the wife of the applicant against Umesh Gaur and other as a counter blast and as such the applicant is not entitled for bail. 9. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, (2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the said anomaly in the postmortem report to the FIR 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. 11. Let the applicant- Toofani Yadav 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. BAIL No. 28321 of 2025 2 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 9, 2025 #Vik/- BAIL No. 28321 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad