BRAHMA @ CHUNMUNversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 16377 of 2026

Brahma @ Chunmun
                                                             .....Applicant(s)
                                   Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)           : K.K. Rao, Sarvjeet Singh Chauhan
Counsel for Opposite Party(s)      : G.A.

Court No. - 72
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State
and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 59 of 2026, under Sections 115(2),
352, 351(3), 118(2) of B.N.S., Police Station- Nebua Naurangia, District-
Kushinagar.

3. The Learned counsel for the applicant has contended that the
applicant has been falsely implicated in the present case. The applicant is
said to have bit off the finger of the injured Subelal. The assault has
supposedly been made on the injured Subelal and the informant both,
however, the informant has not received any external injury. The injured
Subelal has received a fracture on the terminal phalanx of the left little
finger with the remaining part absent. Learned counsel further contends
that the injury, sustained by the injured, was not opined to be dangerous
to life. The injury, as per the medico legal examination, was stated to be a
crush injury present on the left little finger which is stated to be caused by
a hard and blunt object. There was no opinion of the doctor to indicate
that the same was a result of a human bite. A charge sheet has also been
filed against the applicant, therefore, he is no longer required for custodial
interrogation. The applicant is in jail since 13.3.2026.

4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail and has contended that the applicant is the primary accused
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in the present case. The medical report also supports the allegations made
in the F.I.R. and in the statement of the injured that the applicant had
bitten off the finger of the injured. Learned A.G.A., however, could not
point out any criminal antecedent of the applicant.

5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.

6. The injuries, sustained by the injured, have not been stated to be life
threatening. The applicant is in jail since 13.3.2026. A charge sheet has
already been filed and trial against the applicant is not likely to conclude
in the near future. The medico legal examination of the victim does not
indicate that the injured has received injuries caused due to a human bite.

7. Taking into account the entire facts and circumstances of this case and
also the fact that Dr. Seemant Verma, who had performed the first
medical examination, in his statement, has not stated the injuries to have
been caused by a human bite, prima facie, a case for bail is made out.

8. The bail application is allowed.

9. Let the accused-applicant- Brahma @ Chunmun, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:


i. The applicant will not tamper with the evidence.


ii. The applicant will not indulge in any criminal activity.


iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.

10. In the event of breach of any of the aforesaid conditions, the court
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                                    below will be at liberty to proceed to cancel his bail.

                                    11. It is made clear that the applicant shall be released on the basis of
                                    computer generated copy of this order, downloaded from the official
                                    website of High Court Allahabad and verified by the concerned counsel
                                    with the undertaking that the certified copy will be filed within 15 days.

                                    12. It is further directed that the trial court shall send the release order to
                                    the concerned jail through Bail Order Management System (BOMS) to
                                    ensure early release of the applicant.

                                    13. The observations made hereinabove are exclusively for deciding the
                                    instant bail application and are not to be considered to be an opinion on
                                    the merits of the case.



                                                                                       (Rajiv Lochan Shukla,J.)
                                    May 14, 2026
                                    Vandana




Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad