HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29926 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Brijesh Kumar Mishra, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.735 of 2025, under Sections 191(2), 191(3), 352, 103(1) B.N.S., 2023, Police Station Kotwali, District Deoria, during the pendency of trial. 4. As per prosecution story, the applicant alongwith three other named accused persons and two unknown persons is stated to have assaulted the father of the informant armed with Lathi, Danda and Kudal, thereby caused grievous injuries to him leading to his death on 26.07.2025 at about 5:30 p.m. 5. Learned counsel for the applicant has argued that the the FIR is delayed by about eighteen hours and there is no explanation of the said delay caused. The deceased has succumbed to the injuries sustained at the spot, but the said delay in institution of FIR speaks volume of false implication. The truth is that there was a previous enmity between the parties as a brawl had ensued between them about three days before the incident and even FIR No.732 of 2025 was registered. 6. Learned counsel for the applicant has further argued that the said FIR may be the reason of false implication as the motive is a double-edged sword. At one hand, it may be the cause of offence and on the other hand, it may be the cause of false implication. It is true that the deceased has sustained grievous injuries leading to death as his heart was ruptured. There is no criminal history of the applicant. The applicant is languishing in jail since 28.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application on the ground that the injuries sustained by the deceased were five in number, which led to his death, as Versus Counsel for Applicant(s) : Brijesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Budhai Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s) such, the applicant is not entitled for bail. 8. 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 institution of FIR and there being general and omnibus allegations against all the accused persons including the applicant, 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. 9. Let the applicant- Budhai Chauhan, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. (Krishan Pahal, J.) September 9, 2025 (Ravi Kant) BAIL No. 29926 of 2025 2 Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad