HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27669 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri Vikas Narayan Rai, counsel for the informant and Sri Shashank Shekhar Pandey, learned AGA for the State- opposite party. Perused the material available on record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 83 of 2026, under Sections 115(2), 351(3), 352, 105 B.N.S., Police Station- Kotwali, District- Ballia, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 25.02.2026. As per the allegations contained in the first information report, the applicant along with three named accused persons is alleged to have assaulted the brother of the informant. As per the postmortem report, the brother of the informant was admitted at Trauma Centre and Superspeciality Hospital, IMS BHU, Varanasi on 26.02.2026 at 20.05 hours. Thereafter, the first information report was lodged on 28.02.2026 at 02.11 hours. The brother of the informant died on 28.02.2026 at 23.18 hours. As per the postmortem report, the deceased sustained four injuries; namely- (1) surgically stapled wound of length 20 cms with 19 surgical stapler pins in situ present on the abdomen 20 cms below the sternum along the midline, (2) multiple blister wounds of size ranging between 2 cms x 2 cms to 3 cms x 2 cms present all over the left arm and forearm, (3) blackish contusion of size 8 cms x 6 cms present in the front left knee joint in the midline and (4) multiple brownish-black scabbed abrasion of size ranging between 1 cm x 1 cm to 2 cms x 1 cm present in the front of left lower leg extending between left knee to left ankle. In the opinion of the doctor, cause of death is due to Versus Counsel for Applicant(s) : Girijesh Kumar Gupta, Ram Chandra Solanki Counsel for Opposite Party(s) : G.A., Vikas Narayan Rai Rahul Gupta @ Nitish Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) septic shock as a result of intestinal perforation and this is sufficient to cause death in the ordinary course of nature. The nature of injuries shows that the deceased was provided treatment prior to death, however the medical papers in respect thereof do not form part of the case diary. The delay in lodging the first information report in the facts of the present case is fatal to the prosecution case. Vague and general allegations have been levelled against the applicant. At this stage, there is no clarity with regard to exact role of the applicant. The applicant is in jail since 06.07.2026 having no criminal antecedents and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that the first information report has been lodged belatedly. Vague and general allegations have been levelled against the applicant. At this stage, there is no clarity with regard to exact role of the applicant. The initial treatment provided to the deceased prior to his death does not form part of the case dairy. Further, the applicant has no criminal antecedents and has remained confined for more than two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant Rahul Gupta @ Nitish Kumar, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 11, 2026 Manish Kr BAIL No. 27669 of 2026 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad