HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32664 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and Ms. Madhulata Singh, Advocate holding brief of Mr. Rafeek Ahmad Khan, counsel for the informant. Perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 175 of 2026, under Section 105, 3(5) B.N.S., Police Station- Kabrai, District- Mahoba during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 27.7.2026, whereas the first information report was lodged on 30.7.2026. The delay in lodging the first information report is fatal to the prosecution case. As per the allegations contained in the first information report, the co- accused Doodhpal armed with an iron rod (Sabbal) and co- accused Neetu armed with a Lathi, are alleged to have assaulted the brother of the informant, who sustained injuries. He was taken to the District Hospital, Mahoba, where he was given primary aid and referred to the Medical College, Jhansi, he subsequently, Versus Counsel for Applicant(s) : Bhaskar Bhadra, Rajveer Chaurasiya Counsel for Opposite Party(s) : G.A., Rafeek Ahmad Khan Pappu .....Applicant(s) State of U.P. .....Opposite Party(s) succumbed to his injuries. As per the postmortem report, a single injury was found i.e. abrasion injury at left leg with dry scab. In the opinion of the doctor, cause of death is hemorrhage and shock due to antemortem intestinal injury. Subsequently, the informant in his statement recorded under Section 180 B.N.S.S. stated that on hearing noise, he came out of his house and saw that Doodhpal was assaulting his brother with Sabbal, Neetu with a lathi, and Awadh Narayan and the applicant were slapping his brother. It is contended that the said statement is an after thought and unreliable. Vague and general allegations have been levelled against the applicant. The alleged injury could not have been caused by mere slapping. At this stage, there is no corroborative evidence to link the applicant with the offence. The criminal history of the applicant has been explained in para 2 of the supplementary affidavit. The applicant is in jail since 1.8.2026. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. for the State and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the first information report has been lodged belatedly. Vague and general allegations have been levelled against the applicant. The role of slapping has been assigned the applicant. The alleged injury could not have been caused by mere slapping. At this stage, there is no corroborative evidence to link the applicant with the offence. Further the applicant has presently remained confined for almost two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Pappu involved in the aforesaid case be BAIL No. 32664 of 2026 2 released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 30, 2026 S.S. BAIL No. 32664 of 2026 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad