HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29985 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Brijesh Kumar Singh, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 105 of 2025, under Sections 103(1), 123 B.N.S., Police Station Makhanpur, District Firozabad, during the pendency of trial. 4. As per prosecution story, the dead body of the brother of the informant and a relative namely, Pooran were recovered from closed glass factory in the night of 08/09.05.2025 by the police and the informant was informed about the said incident. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed about four days and there is no explanation of the said delay caused. The applicant has been made accused on the basis of suspicion only and there is no direct or ocular evidence to corroborate the prosecution story. 6. The applicant is stated to have been involved in business of exorcism and he is stated to have taken quite heavy amount of money from the deceased persons and on being demanded the said money, he has committed that said offence. Learned counsel for the applicant has stated that same allegations Versus Counsel for Applicant(s) : Brajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Kamarudeen .....Applicant(s) State of U.P. .....Opposite Party(s) were made after legal consultation and there is no direct or ocular evidence against the applicant. Even the prosecution story stands falsified from the fact that the viscera was preserved and in the viscera report, organophosphorus insecticide has been found which cannot be administered by force as it has a pungent smell. 7. Learned counsel for the applicant further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 14.05.2025 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. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 9. In the case of Thulia Kali vs The State of T.N. AIR 1973 SC 501, the Supreme Court has held that the First information report in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. The object of insisting upon prompt lodging of the report to the police in respect of commission of an offence is to obtain early information regarding the circumstances in which the crime was committed, the names of the actual culprits and the part played by them as well as the names of eye witnesses present at the scene of occurrence. Delay in lodging the first information report quite often results in embellishment which is a creature of afterthought. On account of delay the report not only gets bereft of the advantage of spontaneity danger creeps in of the introduction of coloured version, exaggerated account, or concocted story as a result of deliberation and consultation. 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 delay in lodging 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- Kamarudeen 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 BAIL No. 29985 of 2025 2 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. 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. 29985 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad