HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31056 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicants, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant. By means of this bail application, applicants Israr and Nasruddin, who are involved in Case Crime No. 270 of 2025, under Sections 115(2), 352, 351(3), 333, 105 BNS, police station Junawai, district Sambhal, seek enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant Smt. Roopwati, who is mother of the injured Vasudev (now deceased) got an F.I.R. lodged on 02.08.2025 against Suwan, Nasruddin (applicant no. 2) and Israr (applicant no. 1) stating inter alia that on 29.07.2025, some altercation took place between children, due to which, accused persons entered into her house and started abusing. When her son Vasudev made objection, he was assaulted by the accused persons with kick and fist whereby he received serious injuries. It is argued by learned counsel for the applicants that as per the prosecution case, incident took place on 29.07.2025 and it is alleged that injured Vasudev got seriously injured due to assault of accused persons with kick and fist whereas there is no medical report of Vasudev because he was not examined by any doctor. He next submits that with regard to alleged incident dated 29.07.2025, F.I.R. was lodged on 02.08.2025 after a delay of four days and there is no Versus Counsel for Applicant(s) : Manoj Pandey Counsel for Opposite Party(s) : Bhanu Pratap Verma, G.A. Israr And Another .....Applicant(s) State of U.P. .....Opposite Party(s) plausible explanation of delay in lodging the F.I.R. Initially, the F.I.R. was lodged for the offence under Sections 333, 115(2), 352, 351(3) BNS but later on, when the deceased died after a week, the charge- sheet has been submitted under Sections 115(2), 352, 351(3), 333, 105 BNS, 2023. Much emphasis has been given by contending that as per the post mortem report, alleged injured Vasudev died due to sepsis as a complication of pneumothorax consequent upon rupture of lung abscess. It is also pointed out that no injury was found on the body of the deceased, hence the applicants, who do not have any criminal history to their credit and are languishing in jail since 12.08.2025, may be enlarged on bail. Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicants by contending that the deceased was very weak and suffering from lungs' disease, therefore, due to assault with kick and fist, his lungs got damaged. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that it is specific case of the prosecution that in the aforesaid incident dated 29.07.2025, Vasudev got seriously injured whereas there is no medical examination report of Vasudev. The F.I.R. has been lodged after a delay of four days and in the post mortem report also, no external injury was found on the body of the deceased. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicants have made out a case for bail. Hence, the bail application is hereby allowed. Let the applicants Israr and Nasruddin be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- BAIL No. 31056 of 2025 2 (i) That the applicants shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after their release, the applicants shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 18, 2025 Shubham BAIL No. 31056 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad