HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 11079 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Case called out. Counsel for the informant is not present. Earlier also on 13.4.2026, counsel for the informant was not present. 2. Heard counsel for the applicant and Sri N.K. Mishra, learned Brief Holder for the State-opposite party. Perused the material available on record. 3. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 322 of 2025, under Sections 191(2), 115(2), 105, 352 B.N.S., Police Station- Nandganj, District- Ghazipur, during the 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 22.11.2025. The first information report was lodged on 23.11.2025. As per the first information report, five named accused including the applicant are alleged to have assaulted Sarvesh Kumar Anuruddh and Monu. Sarvesh Kumar succumbed to his injuries on 25.11.2025. Prior to 25.11.2025, no medical report is available in the case diary. The postmortem examination was conducted on 25.11.2025. According to the postmortem report, the deceased sustained five injuries. Injury nos.1 and 2 were on the head and rest of the injuries were on non vital parts of the body. In the opinion of the doctor, cause of death is 'coma as a result of head injury'. After almost ten days of the alleged incident, one of the injured Monu alias Ashwani Kumar stated that apart from the named accused, other persons were also involved in assaulting the deceased. Vague and general role has been assigned to the Versus Counsel for Applicant(s) : Ajay Srivastava, Ashok Kumar Mishra, Nagendra Kumar Singh Counsel for Opposite Party(s) : G.A., Jagat Mohan Bind, Vikas Kumar Bheem .....Applicant(s) State of U.P. .....Opposite Party(s) applicant. The applicant has not been nominated as the principal offender who caused head injuries to the deceased. It is next contended that co- accused Abhay Bind and Alok Kumar have been granted bail by this Court vide order dated 16.3.2026 passed in Criminal Misc. Bail Application No.8806 of 2026. The criminal history of the applicant has been explained in para 2 of hte supplementary affidavit. In all the cases the applicant has been granted bail by the competent court. The applicant is in jail since 18.12.2025 and in case, he is enlarged on bail, he will not misuse the said liberty. 5. Learned Brief Holder for the State has 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 vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused head injuries to the deceased. Co-accused Abhay Bind and Alok Kumar have been granted bail by this Court. Further, the applicant has remained confined for more than nine 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 delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Bheem, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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; (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 S.S. BAIL No. 11079 of 2026 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad