HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26245 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Ashok Malaviya, learned counsel for the applicant, Sri Aman Patel, learned counsel for the informant and Dr. S. B. Maurya, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 22 of 2026, under Sections 103(1), 238, 3(5) BNS, Police Station Kachhwa, District Mirzapur, during pendency of the trial. 3. Learned counsel for the applicant submits, however applicant is named in the FIR alongwith five other accused and according to the FIR applicant and other accused had taken the deceased and thereafter one co-accused Sachin informed the informant that they have committed murder of the deceased but entire allegations levelled against the applicant are totally false. 4. He next submits, admittedly informant of the case was not the eye- witness. He further argued, during investigation the investigating officer procured a CCTV footage of the alleged incident which has been annexed alongwith supplementary affidavit and however from its perusal it reflects, applicant alongwith co-accused Atul was beating the deceased but it reflects, both the accused did not use any weapon and it reflects, they were beating him through kick and fist and considering this fact and the postmortem report of the deceased prima facie present case does not travel beyond Section 105 BNS. 5. He next submits, even co-accused Atul@Atal Satte has been released on bail by this Court vide order dated 7.8.2026 passed in Crl. Misc. Bail Application No. 13339 of 2026 and case of applicant is at par with him. 6. He further argued, applicant is not having any criminal history and in the present matter he is in jail since 10.02.2026 i.e. for last more than seven months. Versus Counsel for Applicant(s) : Ashok Malaviya Counsel for Opposite Party(s) : Aman Patel, G.A., Neeraj Singh Yadav Nirmal Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit, from the postmortem report it reflects, number of ribs of the deceased were found fractured and therefore it cannot be said that it is not a case of murder. They further submit, considering the postmortem report of the deceased and the footage of the CCTV prima facie it cannot be said that applicant is innocent and therefore instant bail application may be dismissed. 8. I have heard both the parties and perused the record of the case. 9. However, from the CCTV footage of the alleged incident it reflects, applicant and co-accused Atul were making assault upon the deceased but it reflects, no weapon was used by them. 10. Further, even from the record of the case it reflects, accused and deceased had consumed liquor and they were under intoxication. 11. Further, however postmortem report suggests, deceased sustained four injuries but two injuries were minor and however postmortem further suggests that ribs of the deceased were also found fractured but considering the overall facts and circumstances of the case, this Court finds merit in the argument advanced by learned counsel for the applicant that prima facie at this stage it cannot be said that applicant was having any intention to commit murder of the deceased. 12. Further, even co-accused Atul @ Atal Satte has been released on bail by this Court and case of applicant is at par with him. 13. Further, even applicant is not having any criminal history and in the present matter he is in jail since 10.02.2026 i.e. for last more than seven months. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Nirmal Kumar, be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. BAIL No. 26245 of 2026 2 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 16, 2026 Ankita BAIL No. 26245 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad