Awadhesh v. State of Up

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31599 of 2026

Awadhesh	.....Applicant(s)
Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Ankita Pandey
Counsel for Opposite Party(s)	: G.A.

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.

1. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 32 of 2026, under Sections 191(2), 115(2), 352, 351(3), 105 B.N.S., Police StationTarya Sujan, District- Kushinagar during pendency of the trial.

1. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 5.2.2026, whereas the first information report was lodged on 12.2.2026. The inordinate delay in lodging the first information report is fatal to the prosecution case. As per the postmortem the deceased sustained six injuries. Four injuries were found on the head region, whereas the other injuries were on other parts of the body. In the opinion of the doctor, cause of death is coma due to antemortem head injuries. As per the allegations contained in the first information report, on the instigation of co-accused Baikhar, the applicant along with four accused assaulted the brother-in-law of the informant (since deceased). Placing reliance upon the statement of the independent witnesses namely Chattu Sah, it is contended that the brother-in-