HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24366 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Sanjay Singh, learned counsel for the applicant, Sri Sanjay Singh, Advocate holding brief of Sri Ashutosh Tiwari, learned counsel for the first informant, Sri Bhupendra Pal Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 58 of 2025, under Sections 110, 115(2), 352 & 351(3), 105 BNS, Police Station- Shadiabad, District- Ghazipur, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that though in the FIR as well as in the statements of the witnesses recorded during investigation, the allegation has been made that the applicant, along with co-accused Rustam, assaulted the deceased Akbari Begum on 21.02.2025 and the FIR itself was lodged on the same day. Thereafter, the deceased succumbed to her injuries and died on 24.04.2025 in the hospital. As per the post-mortem report of the deceased, the cause of death is stated to be septicemia as a result of prolonged hospitalization. It is further submitted that the CT Scan of the head and face of the deceased shows fracture of the jaw, fracture of the nasal bone and fracture of the temporal bone along with bleeding in the temporal region, which could be caused by some hard and blunt object. P.W.-1, in his statement recorded before the trial court, has made a specific allegation that the deceased was assaulted with a cricket bat by the co-accused, whereas the role of the applicant was Versus Counsel for Applicant(s) : Sanjay Singh, Shivam Singh Counsel for Opposite Party(s) : Ashutosh Tiwari, G.A. Tahir Zafar @ Bhanu .....Applicant(s) State of U.P. .....Opposite Party(s) simply assigned of using fists. Therefore, the role of causing the deadly injuries is attributable to co-accused Rustam and the applicant has been falsely implicated in the present case merely because he is the father of co-accused Rustam. It is further submitted that the statement of the main fact witnesses have already been completed during the trial; therefore, there is no chance of intimidation or tampering with the evidence. Therefore, the applicant is entitled to be released on bail. 4. It is further submitted that the applicant has no criminal history. It is also submitted that the charge-sheet has been filed in the present case; therefore, there is no requirement of custodial interrogation. The applicant is a law-abiding citizen and has been languishing in jail since 02.05.2025. In case he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned counsel for the first informant as well as learned A.G.A. for the State have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the statement of P.W.-1 as the eye-witness, who has made a specific allegation against the co-accused Rustam for assaulting the deceased with a cricket bat, and keeping in view the nature of offence, evidence, complicity of the accused and taking into account the overcrowded jails and heavy pendency of criminal cases before the trial courts, as well as considering the mandate of the judgment 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 the guidelines of this Court in the case of Maya Tiwari Vs. State of U.P., 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. Accordingly, the present application is allowed. 7. Let the applicant- Tahir Zafar @ Bhanu, 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 BAIL No. 24366 of 2025 2 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. 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. 13. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode 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 BAIL No. 24366 of 2025 3 (2024) 10 SCC 685 as well as Pila Pahan@Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. 14. Application, if any, stands disposed of. October 6, 2026 SA BAIL No. 24366 of 2025 4 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad