HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34027 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri N. K. Sharma, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 325 of 2026, under Section 105 B.N.S., Police Station- Badahalganj, District- Gorakhpur during pendency of the trial. 3. Counsel for the applicants contends that the applicants have been falsely implicated in the present case. The incident is alleged to have occurred on 26.07.2026, whereas the first information report was lodged on 30.07.2026, under Section 103(1) B.N.S. Delay in lodging the first information report is fatal to the prosecution case. During the course of investigation, Section 103(1) B.N.S. was deleted and the case was converted under Section 105 B.N.S. As per the allegations contained in the first information report, the applicants along with Kamlesh Nishad are alleged to have assaulted the husband of the informant by a stick (danda) and rod, who subsequently died. According to the post mortem report a single injury was found on the head. In the opinion of the doctor the cause of death is coma due to antemortem head injury. It is contended that the witnesses namely, Rajendra Nishad, Janardan Nishad and Uttam Nishad in their statements recorded under Section 180 B.N.S.S. stated that co- accused Kamlesh Nishad had caused injury on the head of the deceased by a stick (danda). Vague and general role has been assigned to the applicant. The case of the applicants is distinguishable from that of co- accused Kamlesh Nishad. At this stage, there is no corroborative evidence to link the applicants with the offence. The applicants are in jail since 14.08.2026 having no criminal history and if they are released on bail, they will not misuse the said liberty. Versus Counsel for Applicant(s) : Mahesh Kumar Sahani, Narendra Singh Counsel for Opposite Party(s) : G.A. Kusum Devi And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the first information report has been lodged belatedly. According to the post mortem report a single injury was found on the head. In the opinion of the doctor the cause of death is coma due to antemortem head injury. As per the statements of the witnesses namely Rajendra Nishad, Janardan Nishad and Uttam Nishad, co-accused Kamlesh Nishad is alleged to have caused injury on the head of the deceased by a stick (danda). Vague and general role has been assigned to the applicant. At this stage, there is no corroborative evidence to link the applicants with the offence. Moreover, the applicants have no criminal antecedents and have remained confined for more than a month and there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 6. Let the applicants- Kusum Devi and Ramsamujh Nishad, involved in the aforesaid case, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that they: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (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 23, 2026 Abhishek BAIL No. 34027 of 2026 2 (Vivek Varma, J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad