HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34717 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Vakalatnama, filed by Sri Praveen Tripathi, Advocate on behalf of the informant, is taken on record. 2. Heard learned counsel for the applicant, Sri Anupam Anand, learned Brief Holder for the State and Sri Praveen Tripathi, counsel for the informant. Perused the record. 3. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 0033 of 2026, under Section 105 B.N.S., Police Station- Juhi, Southern (Commissionerate Kanpur Nagar), District- Kanpur Nagar during pendency of the trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 4.3.2026, whereas the first information report was lodged on 7.3.2026. The delay in lodging the first information report is fatal to the prosecution case. Placing reliance upon the statement of the informant recorded under Section 180 B.N.S.S. it is contended that the applicant, other accused and the brother of the informant (since deceased) had consumed liquor and were intoxicated. There was no prior enmity Versus Counsel for Applicant(s) : Suresh Kumar Gupta Counsel for Opposite Party(s) : G.A. Faim Alias Fahim .....Applicant(s) State of U.P. .....Opposite Party(s) between the parties. The incident had occurred at the spur of the moment without any premeditation. The applicant neither had any requisite knowledge nor had any intention to commit the offence. It is next contended that as per the postmortem report, the deceased had sustained three injuries. Injury no.1 was on the occipital region, whereas the other injuries were on other parts of the body. In the opinion of the doctor, cause of death is coma due to antemortem head injury. Vague and general allegations have been levelled against the applicant. The applicant has not been nominated as principal offender, who caused injury no.1 to the deceased. The applicant is in jail since 17.3.2026 having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty. 5. Learned Brief Holder for the State 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. The informant in his statement recorded under Section 180 B.N.S.S. stated that the applicant, other accused and the brother of the informant (since deceased) had consumed liquor and were intoxicated. There was no prior enmity between the parties. Vague and general allegations have been levelled against the applicant. The applicant has not been nominated as principal offender, who caused injury no.1 to the deceased. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than six 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, Faim @ Fahim involved in the aforesaid case BAIL No. 34717 of 2026 2 be 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. 8. 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 29, 2026 S.S. BAIL No. 34717 of 2026 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad