HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35144 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Vikrant Rana, learned Senior Counsel assisted by Sri Amit Pal, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 16 of 2026, under Sections 103(1), 109 (1), 3(5) BNS, Police Station Badalpur, District Gautam Budha Nagar, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that in the present matter one person died and one person sustained injury but nobody was named in the FIR. 5. He further submitted that as per prosecution when after ten days of the alleged incident Investigating Officer tried to record the statement of injured Sunder then however he due to his condition could not give detailed statement but disclosed the name of the applicant and co-accused Akash and Manish and his alleged statement has been annexed at page 79 of the paper book and thereafter applicant has been made accused in the present matter. 6. He further submitted that in the present matter except injured Sunder there is no other eye witness account and second statement of the injured Sunder was recorded on 31.7.2026 even after submission of the charge sheet which was submitted on 24.4.2026 and however this time he gave a detailed statement and stated that on the date of incident, applicant and co-accused Versus Counsel for Applicant(s) : Kapil Tyagi Counsel for Opposite Party(s) : G.A. Amit .....Applicant(s) State of U.P. .....Opposite Party(s) Manish started beating the deceased and co-accused Manish gave a blow of fists due to which he fell and died and thereafter co-accused Manish also caused injury to him on his head through brick and therefore, even from this statement of injured Sunder it reflects, co-accused Manish was the main accused who caused fatal injury to the deceased and even caused injury to the injured. 7. He further submitted that post mortem report however suggests that deceased sustained three injuries but he sustained only one injury on his occipital region due to which he died which appears to be attributed to co- accused Manish. 8. He further submitted that however apart from the present case, applicant is having criminal history of two other cases but in one case final report has been submitted and in one another case he is on bail. 9. He further submitted that in the present matter applicant is in jail since 30.1.2026 i.e. for last more than 8 months. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However in the alleged incident one person died and one person sustained injury but nobody was named in the FIR and complicity of the applicant was first time revealed through the first statement of the injured Sunder but it reflects, he due to his medical condition could not give detailed statement and only disclosed the name of the applicant and co-accused Manish and Akash. 13. Further, it reflects, on the basis of above cryptic statement of injured Sunder charge sheet has been filed against the applicant and others on 24.4.2026 and on 31.7.2026 i.e. after more than six months from the date of first statement of injured his alleged second statement was recorded and this time he gave detailed statement and from this statement it reflects, on the date of incident applicant and co-accused Manish started beating the deceased and co-accused Manish gave a blow of fists to him due to which he fell and thereafter co-accused Manish gave a blow of brick to injured BAIL No. 35144 of 2026 2 Sunder. 14. Further, post mortem report however suggests that deceased sustained three injuries but except injury No. 3 other injuries were on non vital parts and only injury no. 3 was on occipital region due to which he died and considering the second statement of the injured Sunder it reflects, co- accused Manish was the person who gave this fatal blow to the deceased through his fists. 15. Further even from the statement of the injured-Sunder it could not be reflected either applicant or any other accused were having any weapon in their hands. 16. Considering the detailed second statement of the injured, prima facie it reflects, co-accused Manish was the prime accused. 17. Further, however apart from the present case, applicant is having criminal history of two other cases but in one case final report has been submitted and in one another case he is on bail. 18. Further in the present matter applicant is in jail for last more than 8 months. 19. Considering the over all facts and circumstances of the case in view of this Court, applicant is entitled to be released on bail. 20. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 21. Let the applicant-Amit, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. BAIL No. 35144 of 2026 3 22. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 23. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. October 1, 2026 Ankita BAIL No. 35144 of 2026 4 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad