HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43775 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Raghvendra Prakash, learned counsel for the applicant who has filed second supplementary affidavit which is taken on record, Sri Shiv Kumar Maurya, learned counsel for the first informant, Sri B.P. Singh, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 72 of 2025 under Section 105 BNS registered at Police Station Sadar Bazar, District Jhansi during pendency of the trial. 3. It has been argued by learned counsel for the applicant that applicant has been falsely implicated in the present case and no weapon of offence has been assigned to the applicant in the FIR as well as in the statement of the witness Sharad Khan. It is next submitted that postmortem report of the deceased shows two injuries of contusion one below left nipple and other on left temporal region. It is further submitted that there is no motive on part of the applicant to commit the offence and the alleged incident is said to have taken place at the spur of the moment without any premeditation. It is further submitted that applicant has criminal history of one case which has been explained in the supplementary affidavit and he has been languishing in jail since 11.8.2025 and the trial is not likely to conclude in near future. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. On the other hand, learned A.G.A. as well as learned counsel for the first informant opposed the prayer for grant of bail to the applicant and submit that applicant assaulted the deceased mercilessly as a result of which, he received two ante mortem injuries of contusion and succumbed to the said Versus Counsel for Applicant(s) : Raghvendra Prakash, Sr. Advocate Counsel for Opposite Party(s) : G.A., Narendra Kumar, Shiv Kumar Maurya Amit Alias Golu .....Applicant(s) State of U.P. .....Opposite Party(s) injuries. 5. As per the FIR, applicant is said to have assaulted the brother of the first informant as a result of which, he received two ante mortem injuries of contusion and succumbed to the said injuries. No weapon of offence has been assigned to the applicant in the FIR as well as in the statement of the witness Sharad Khan. Postmortem report of the deceased shows two injuries of contusion one below left nipple and other on left temporal region. The alleged incident is said to have taken place at the spur of the moment without any premeditation. Applicant has criminal history of one case which has been explained in the supplementary affidavit and he has been languishing in jail since 11.8.2025 and the trial is not likely to conclude in near future. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion 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 Amit Alias Golu involved in the aforementioned crime be released on bail, on his 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 not directly or indirectly make any 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 to any police officer or tamper with the evidence. (ii) The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond executed by him. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 43775 of 2025 2 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. October 6, 2026 Madhurima BAIL No. 43775 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad