HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28233 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant 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. 74 of 2025, under Sections 115(2), 352, 351(3), 105 BNS, Police Station Talbehat, District Lalitpur during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report the applicant along with three named accused is alleged to have assaulted the husband and son of the informant. It is contended that the son of the informant namely Mukesh did not received any injury. No medical report of Mukesh is available in the case diary. As per the postmortem report of the husband of the informant, he received a single injury on the head. The author of the said injury is not known at this stage. It is next contended that it is a cross case. Earlier, the mother of the applicant lodged an FIR against the informant and others registered as Case Crime No.0072 of 2025, under Sections 351(3), 352, 115(2) BNS, Police Station Talbehat, District Lalitpur. Both sides have received injuries. Further, identically placed co-accused Heera Lal and Smt. Malla have been granted bail by this Court vide orders dated 12.08.2025 and 08.08.2025 passed in Criminal Misc. Bail Application Nos. 27625 of 2025 and 25525 of 2025. The applicant claims parity. The applicant is in jail since 01.03.2025 having no criminal antecedents and in Versus Counsel for Applicant(s) : Narayan Singh(Kushwaha) Counsel for Opposite Party(s) : G.A. Awadhesh .....Applicant(s) State of U.P. .....Opposite Party(s) case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA 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 as per the postmortem report of the husband of the informant, he received a single injury on the head. The author of the said injury is not known at this stage. Earlier, the mother of the applicant lodged an FIR against the informant and others registered as Case Crime No.0072 of 2025, under Sections 351(3), 352, 115(2) BNS, Police Station Talbehat, District Lalitpur. Identically placed co-accused Heera Lal and Smt. Malla have been granted bail by this Court. Further, the applicant has remained confined for more than seven 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. 6. Let the applicant Awadhesh, 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 7, 2025 Lbm/- BAIL No. 28233 of 2025 2 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad