HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12981 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant and Sri Anupam Anand, learned Brief Holder 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. 233 of 2025, under Sections 115(2), 352, 351(3), 110, 105 B.N.S., Police Station- Itwa, District- Siddharth Nagar, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with co-accused Reeta Devi is alleged to have abused and assaulted the son of the informant. As per the post-mortem report, the deceased received two injuries i.e. (i) abraded wound over left side chest and (ii) contused swelling on top of head to left side of head, on cutting skin underneath hematoma present, on opening skull bone brain tissue parenchyma hematoma was present. In the opinion of the doctor, cause of death is coma as a result of ante-mortem injuries (head injury). Further, as per the statements of the eye-witnesses, namely, Shivkaran and Sunita, the co-accused Reeta Devi is alleged to have caused injury on the head of the deceased. The case of the applicant is clearly distinguishable from that of co- accused Reeta Devi. The applicant has not been nominated as the principal offender, who caused the head injury to the deceased. Criminal history of the applicant has been explained in paragraph-32 of the bail application. The applicant is in jail since 25.12.2025 and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned Brief Holder for the State has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Narendra Singh, Surendra Mohan Mishra Counsel for Opposite Party(s) : G.A. Mithun .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that in the opinion of the doctor, cause of death is coma as a result of ante-mortem injuries (head injury). As per the statements of the eye-witnesses, namely, Shivkaran and Sunita, the co-accused Reeta Devi is alleged to have caused injury on the head of the deceased. The applicant has not been nominated as the principal offender, who caused the head injury to the deceased. Further, the applicant has remained confined for more than three months and after submission of charge sheet 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. Let the applicant Mithun, 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. April 20, 2026 Manish Kr BAIL No. 12981 of 2026 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad