HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32871 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Sunil Kumar Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 136 of 2025, under section 105, BNS, P.S. Lahta, District Varanasi, during the pendency of the trial. 3. As per the prosecution case, the applicant attacked his real brother, namely, Chhabiram, who succumbed after two days. 4. Learned counsel further submits that the first informant was not an eye witness to the incident and there are serious contradictions in the First Information Report as well as in the statement of the first informant. It is further submitted that in order to explain the said contradiction, a supplementary statement of the first informant was also recorded. It is further submitted that, on perusal of the statements of the eye witnesses, namely, Bhagelu, Aman Kumar and Natthu, it is clear that the incident was a free fight between the applicant and the deceased, during which both of them attacked each other. The applicant also sustained injuries in the said incident, and during the scuffle, the deceased sustained injuries which subsequently found fatal. 5. It is further submitted that, from the statements of the eye witnesses, it Versus Counsel for Applicant(s) : Birendra Kumar Gautam, Jitendra Singh, Sachchida Nand Ojha, Sunil Kumar Yadav, Vikas Srivastava, Vishal Vishwakarma Counsel for Opposite Party(s) : G.A. Jwala Prasad .....Applicant(s) State of U.P. .....Opposite Party(s) is clear that both the applicant and the deceased were heavily intoxicated while quarreling with each other. There was no premeditation or intention on the part of the applicant to cause such injuries as could result in the death of the deceased. It is submitted that the applicant had attacked the deceased in self-defence. It is further submitted that the deceased died due to negligence in treatment and, therefore, the alleged injuries caused by the applicant cannot be said to have been the direct cause of death. It is lastly submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 30.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and also keeping in view the fact that the incident appears to have been a free fight between two real brothers, during which both of them quarrelled and attacked each other and further that there was no premeditated intention to cause such injuries and also taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 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 bail application is allowed. 7. Let the applicant- Jwala Prasad 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 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. BAIL No. 32871 of 2025 2 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. It is made clear that the applicant shall be released on the basis of downloaded copy of this order 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. 10. It is 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. 11. 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 (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. September 24, 2026 Sushma BAIL No. 32871 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad