HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28343 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Avinash Mani Tripathi, learned counsel for the applicant and Sri Vijay Prakash Singh Kushwaha, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 122 of 2025, under Sections 103(2), 352, 115(2) of BNS, Police Station Sidhpura, District Kasganj, during the pendency of trial. 4. As per prosecution story, marriage ceremony was going on in the house of the applicant and D.J. was running at a high volume on 19.04.2025 at about 9 p.m. The informant asked for the passage as the road was blocked. Peeved by the said asking of passage, the applicant and other co- accused persons are stated to have indulged in brick batting, causing grievous injuries to Prempal, Bharat Singh and Tej Singh, who happens to be father of the informant. Subsequently, father of the informant Tej Singh is stated to have succumbed to injuries at District Hospital, Kasganj. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by more than six hours and there is no explanation of the said delay caused. Versus Counsel for Applicant(s) : Avinash Mani Tripathi, Prashant Kumar Singh Counsel for Opposite Party(s) : G.A. Sarvendra .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned counsel has next stated that there are general and omnibus allegations against all the accused persons. No particular role has been assigned to any accused person. The case, to the maximum, may fall within the category of general exceptions to culpable homicide as injuries sustained by the injured persons and the deceased were simple in nature and no bony injury has been observed. It is next stated that although the said injuries are on vital part of the body, but were simple in nature. 7. Learned counsel has next stated that it is true that one person has lost his life but the case has been escalated to that of murder by the informant. It may fall within the category of culpable homicide not amounting to murder, as such the applicant is entitled for bail. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 22.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned counsel for the informant as well as learned A.G.A have vehemently opposed the bail application on the ground that the applicant is named in the FIR and he along with other family members has caused injuries to three persons in all and one of the person is stated to have succumbed to the injuries. Both the injured witnesses have nominated the applicant in the incident. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of the FIR coupled by the fact that injuries sustained by both the injured persons were simple in nature and there being general and omnibus allegations against all the accused persons, 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- Sarvendra, 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. BAIL No. 28343 of 2025 2 i) The applicant shall not tamper with the 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. 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 Sumit S BAIL No. 28343 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad