Neutral Citation No. - 2025:AHC:145915 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28979 of 2025 Applicant :- Manish Bhartiya Opposite Party :- State of U.P. Counsel for Applicant :- Jai Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Jai Singh Yadav, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.94 of 2025, under Section 105 B.N.S., Police Station- Tharwai, District- Prayagraj, during the pendency of trial. 4. As per prosecution story, the applicant and other accused persons are stated to have assaulted the deceased person over an altercation regarding the division of land on 14.4.2025. The applicant is stated to have hit the deceased person with iron rod, thereby causing grievous injuries to him. 5. The deceased persons is stated to have succumbed to the injuries sustained in hospital on 16.4.2025 at 03:10 a.m. 6. 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 about two days and there is no explanation of the said delay caused. Even the time of offence is not mentioned in it which indicates that it is a blind murder. 7. Learned counsel for the applicant has further stated that the applicant has simply been made an accused on account of dispute between the parties over division of land. Even the statement of one eye-witness Jitendra @ Bablu Pasi, who has been roped in subsequently, indicates that it was a sudden quarrel between the parties over digging of a pit. Learned counsel has stated that the cause of death was septicemic shock due to the injuries sustained. 8. Learned counsel for the applicant has further contended that even the deceased person was admitted in hospital on 15.4.2025 at 11:52 a.m. and the incident is of 14.4.2025, as such, the said delay speaks volume of callous approach of the family members of the deceased person in admitting him to the hospital. The delay in admitting may be attributed to be the reason behind the said infection sustained by the deceased person. 9. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 8.5.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Per contra, learned A.G.A. has vehemently opposed the bail application. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that FIR is delayed by about two days and the deceased was admitted at hospital on 15.4.2025 at 11:52 a.m. coupled by the fact that statement of eye- witness Jitendra @ Bablu Pasi shows it to be a case of sudden provocation, 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. 12. Let the applicant- Manish Bhartiya, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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. Order Date :- 23.8.2025/Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad