HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10995 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State-opposite party as well as Sri Ravi Shankar Tripathi, learned counsel for the informant. Perused the record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 368 of 2025, under Sections 131, 115(2), 352, 351(3), 105 B.N.S., Police Station Sahaswan, District Budaun during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The first information report was lodged by the informant (since deceased), wherein it is alleged that the applicant along with three accused, all armed with danda, assaulted him. The informant was initially examined at CHC, Sahaswan, Budaun. The attending doctor noted the following injuries: "(1). Abrasion (.5x.5) cm. on Rt. side face 2 cm. below Rt. lower lip. (2). Complain of pain at chest. No mark of injury. No swelling. Patient also complain of breathlessness. Patient adviced X-Ray chest. (3) Abrasion (1x.5) cm left side abdomen, approx. 18 cm. below left nipple. (4). Abrasion (5x2) cm. on left leg at left knee". Subsequently, the informant died on 05.09.2025. As per the postmortem report, following four injuries were found: "1. Abrasion of size 0.5 x 0.5 cm present on 16 cm above Lt. iliac crest. 2. Abrasion of size 0.3 cm x 0.2 cm present on 14 cm below Rt. nipple. 3. Old semi healed wound of size 05 cm x 03 cm present on Lt. knee joint. 4. Old semi heald wound of size 04 cm x 03 cm present on Rt. knee joint". In the opinion of the doctor, the cause of death is shock and heamorrhage due to ante mortem speelnic injury. It is contended that a Versus Counsel for Applicant(s) : Tripurari Pal Counsel for Opposite Party(s) : Ravi Shankar Tripathi, G.A. Altaf .....Applicant(s) State of U.P. .....Opposite Party(s) vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused the fatal injury. At this stage there is no corroborative evidence to link the applicant with the offence. Further, identically placed co-accused Shadab has been granted bail by this Court vide order dated 24.4.2026 passed in Criminal Misc. Bail Application No.127 of 2026. Applicant claims parity. Criminal history of the applicant has been explained in paragraph-36 of the bail application. The applicant is in jail since 6.9.2025 and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused the fatal injury. At this stage there is no corroborative evidence to link the applicant with the offence. Identically placed co-accused Shadab has been granted bail by this Court. Moreover, the applicant has remained confined for more than a year and 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. 6. Let the applicant- Altaf, 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 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. 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 Manish Kr BAIL No. 10995 of 2026 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad