Mubarak Ali Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 27023 of 2025

Mubarak Ali

HON'BLE VIVEK VARMA, J.

¶6

Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party.

The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 228 of 2025, under Sections 105, 191(2), 191(3), 115(2), 351(2), 352 B.N.S., Police Station Shahganj, District Agra during the pendency of the trial.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. In the first information report lodged on 21.05.2025 seven accused including the applicant are nominated. The incident is alleged to have occurred on 06.05.2025. The injured Shahruk (now deceased) on 07.05.2025 lodged an NCR against two named accused persons, namely, Chand and Chhotu under Sections 115(2) and 352 B.N.S. In the said NCR there is no allegation against the applicant. The injured (now deceased) was examined by the doctor on 07.05.2025. As per the medical report, Shahruk received two injuries which were simple in nature. Shahruk died on 21.05.2025. Thereafter, the present first information report has been lodged. As per the post mortem report, the deceased died due to shock and myocardial infarction. It is contended that the inconsistencies in the NCR and the first information report discredit the prosecution case. The medical report does not support the prosecution version. The investigation has been completed and charge-sheet has been submitted. The applicant has no criminal history. The applicant is in jail since 27.05.2025 and if he is

BAIL No. 27023 of 2025

2

released on bail, he will not misuse the said liberty.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that in the NCR lodged by Shahruk on 07.05.2025 there is no allegation against the applicant; the injured (now deceased) was examined by the doctor on 07.05.2025 and as per the medical report, Shahruk received two injuries which were simple in nature; as per the post mortem report, the deceased died due to shock and myocardial infarction; and, there are inconsistencies in the NCR and the first information report. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than four months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant- Mubarak Ali, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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; and,

(iii) shall not pressurize the prosecution witnesses.