Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35458 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Copy of the recovery memo produced by Sri Manoj Gautam, learned AGA is taken on record. 2. Heard learned counsel for the applicant, Sri Manoj Gautam, learned AGA 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. 376 of 2026, under Section 105 B.N.S., Police Station- Sirsaganj, District- Firozabad, during the pendency of the trial. 4. Learned counsel for the applicant submits that the applicant is the son of the deceased and has been falsely implicated in the present case. The applicant has not committed any offence and is in jail since 20.07.2026 having no criminal history and in case, he is enlarged on bail, he will not misuse the said liberty. 5. Per contra, Sri Manoj Gautam, learned AGA for the State has opposed the prayer for bail. 6. Having heard learned counsel for the applicant and learned AGA for the State and upon perusal of the record, this Court prima facie finds that as per the first information report, a specific role of assaulting the deceased on his head with a baseball bat has been assigned to the applicant. The post-mortem report records two injuries and in the opinion of the doctor, the cause of death was 'coma due to shock and hemorrhage antemortem injuries'. The medical evidence lends corroboration to the prosecution case. Further, the alleged weapon of assault namely, a baseball bat bearing blood stains has Versus Counsel for Applicant(s) : Mohan Kant Baghel Counsel for Opposite Party(s) : G.A. Upendra Sharma .....Applicant(s) State of U.P. .....Opposite Party(s)
been recovered from the place of occurrence. 7. Considering the gravity of the offence, the specific role attributed to the applicant, the medical evidence brought on record and the material collected during the course of investigation, this Court is of the opinion that this is not a fit case for grant of bail. 8. Accordingly, the bail application is rejected. 9. The trial court is directed to conclude the trial expeditiously. 10. Office is directed to send a copy of this order to the court concerned for information.
October 6, 2026 Abhishek BAIL No. 35458 of 2026 2 (Vivek Varma, J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad