HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34670 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Copy of CD No. 8 dated 18.02.2026 produced by learned A.G.A. is taken on record. 2. Heard learned counsel for the applicant and Sri Shashank Shekhar Pandey, learned A.G.A. for the State-opposite party. 3. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 581 of 2025, under Sections 105, 115(2), 333, 351(3) B.N.S., Police Station Loni, District Ghaziabad during the pendency of the trial. 4. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. As per the allegations contained in the first information report, the named accused Gulzar and an unknown person are alleged to have assaulted the sister-in-law of the informant. The sister-in-law of the informant was admitted at Guru Teg Bahadur Hospital, Dilshad Garden, New Delhi on 20.12.2025 and was discharged on 15.01.2026. The doctor on the discharge summary recorded that her condition at the time of discharge was stable. Subsequently, on 01.02.2026 the informant's sister-in-law died. As per the postmortem report, no external mark of any fresh injury was seen. In the opinion of the doctor, the cause of death is coma due to ante mortem brain hemorrhage. Subsequently, on 18.02.2026 the Investigating Versus Counsel for Applicant(s) : Niyaj Ahamad Counsel for Opposite Party(s) : G.A. Yaseen .....Applicant(s) State of U.P. .....Opposite Party(s) Officer vide CD No. 8 dated 18.02.2026 recorded that the informant had disclosed that he received an information that apart from the named accused Gulzar, the applicant was also involved in the incident dated 19.12.2025. It is contended that the said statement is an afterthought and unreliable. The applicant has no concern with the alleged incident. The death of the informant's sister-in-law cannot be attributed to the incident dated 19.12.2025. The postmortem examination report does not support the prosecution case. At this stage there is no corroborative evidence to link the applicant with the offence. The applicant is in jail since 25.02.2026 having no criminal history and if he is released on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant was disclosed by the informant in his statement. As per the postmortem report, no external mark of any fresh injury was seen. Subsequently, on 18.02.2026 the informant had disclosed the Investigating Officer that apart from the named accused Gulzar, the applicant was also involved in the incident dated 19.12.2025. The postmortem examination report does not support the prosecution case. At this stage there is no corroborative evidence to link the applicant with the offence. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than seven months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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 delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Yaseen, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court BAIL No. 34670 of 2026 2 concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 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 SKT/- BAIL No. 34670 of 2026 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad