HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 3451 of 2026 Court No. - 70 HON'BLE HARVIR SINGH, J. 1. Supplementary affidavit filed on behalf of applicant is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record. 3. By means of this application, the applicant who is involved in Case Crime No. 489 of 2025, under Sections 109(1), 115(2), 191(2) and 352 of B.N.S., P.S. Chunar, District-Mirzapur, is seeking enlargement on bail during the trial. 4. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that in the first information report general allegation of physical assault with 'Balli' has been made against six persons, including applicant. No specific role has been assigned to the applicant. He further submitted that the informant and the applicant are real brothers and there is a property dispute between them and for this very reason, the applicant's side had previously lodged FIRs against the complainant's side on two separate occasions, and as a counterblast to the same, the present FIR has been registered based on false and baseless allegations. He also submitted that five accused persons have been exonerated by the police during investigation and chargesheet has been filed only against the present accused. He lastly submitted that the applicant, who is in jail since 15.10.2025 and has no Versus Counsel for Applicant(s) : Swati Agrawal Srivastava Counsel for Opposite Party(s) : Anoop Kumar Dubey, Shivaji Singh, Vijendra Kumar Mishra, G.A. Shitla Prasad Singh .....Applicant(s) State of U.P. .....Opposite Party(s) criminal antecedents to his discredit is entitled to be enlarged on bail during pendency of the trial. 5. Learned counsel appearing on behalf of applicant, as well as learned A.G.A. have vehemently opposed the prayer for bail. 6. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties; this Court has also taken note of the fact that although in the first information report it was alleged that six persons, including applicant-accused had assaulted the injured with 'Balli', however, his injury report shows only one injury. Even during investigation the eye witnesses could not specify in their evidence as to who has caused injury to the injured; considering the injury report; five accused persons have been exonerated during trial; applicant has no criminal history and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. 7. Let the applicant, Shitla Prasad Singh be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release. ii. He will not tamper with the witnesses. iii. He will not indulge in any illegal activities during the bail period. 8. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. 9. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. April 10, 2026 Faridul BAIL No. 3451 of 2026 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad