HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6573 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri V.P. Tripathi, 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. 215 of 2025, under Sections 105, 115(2), 351(2), 352 of B.N.S., Police Station- Nagina Dehat, District- Bijnor, during the pendency of the trial. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. There was no prior enmity between the parties. No date or time of the incident has been mentioned in the first information report, which was lodged on 21.09.2025 at 15:12 hrs. under Sections 115(2), 352 and 351(2) B.N.S. As per the allegations contained in the first information report, the informant (since deceased) was grazing his cattle near a river, when the applicant arrived there and started abusing him. When the informant objected to the abuse, the applicant assaulted him by kicks and fists. The informant was examined prior to lodging of the first information report on 20.09.2025 at 10:20 p.m. at the Community Health Centre, Bijnor. As per the medical report, the informant was brought by PRD No. 9028 Gambhir Singh. The attending doctor recorded following injuries: (i) T.S. (5x1.5 cm) bluish cont. (3x1 cm) present Rt. side of face just below Rt. eye; (ii) Reddness of Lt. eye; (iii) T.S. (3x1.5 cm) present Lt. nose; (iv) Complaint of pain at abdomen and no injury mark visible. No G. D. Entry prior to lodging of the first information report is available in the case diary. The informant succumbed to his injuries on 21.09.2025 at 10:00 p.m. The postmortem report records following injuries: (1) Abraded contusion bluish in colour size 9cmx5cm present on Rt. side eye and around the eye with just below Rt. eye; (2) Abraded contusion 4cmx2.5cm present on root of Versus Counsel for Applicant(s) : Bhuvnesh Kumar Singh Counsel for Opposite Party(s) : Manoj Kumar Gautam, Sushil Kumar Tewari, G.A. Narendra Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) nose; (3) Abraded contusion 4cmx1cm on reddish scab wound present on Lt. forehead present above Lt. eyebrow; (4) Abraded contusion 2cmx2cm on reddish scab wound present on Lt. side near to Lt. eye; (5) Multiple abraded contusion 7cmx7cm on reddish scab would present Lt. lateral side on neck. In the opinion of the doctor the cause of death is coma due to ante mortem head injury. It is contended that the injuries recorded in the postmortem report are at variance with those recorded during the initial examination conducted at Community Health Centre, Bijnor on 20.09.2025. It is contended that non-mentioning of the date and time of the alleged incident in the first information report and alleged assault by kicks and fists could not have caused an injury of such nature and severity. It appears that the informant fell from a height and sustained injuries, and the applicant was subsequently implicated. At this stage, there is no corroborative evidence to link the applicant with the offence. Criminal history of the applicant has been explained in paragraph no.33 of the affidavit filed in support of the bail application and in paragraph no.3 of the supplementary affidavit. The applicant is in jail since 26.09.2025 and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has 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. No prior enmity existed between the parties. No date or time of the incident has been mentioned in the first information report. The informant (since deceased) was examined prior to lodging of the first information report on 20.09.2025 at 10:20 p.m. at the Community Health Centre, Bijnor. The injuries recorded in the postmortem report are at variance with those recorded during the initial examination conducted at Community Health Centre, Bijnor on 20.09.2025. At this stage, there is no corroborative evidence to link the applicant with the offence. Further, the applicant has remained confined for more than one year 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 Narendra Sharma, 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: BAIL No. 6573 of 2026 2 (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 30, 2026 Abhishek BAIL No. 6573 of 2026 3 (Vivek Varma, J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad