CRIMINAL MISC. BAIL APPLICATION No. 9452 of 2025 · Allahabad High Court

Heard Shri Syed Kamil Hasan, learned counsel for the applicant, learned A.G.A. for the State and perused the record. Rejoinder affidavit filed today is taken on record.

The present application has been filed on behalf of the applicant seeking bail in Case Crime No.0060 of 2025, under Sections 105, 115(2), 352, 351(3), 191 (2) of BNS, Police Station - Mishrikh, District - Sitapur.

While pressing the instant application, learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present case.

It is also submitted by learned counsel for the applicant that if the story of prosecution is taken on its face value, even then the offence would fall under Part II of Section 105 of BNS which is similar to Section 304 Part II of I.P.C. He submits that there are general allegations on six persons for causing injury to the deceased. No specific role has been assigned as to who has caused the fatal injury to the deceased. The deceased suffered two ante- mortem injuries. The cause of death is coma as a result of ante-mortem head injury. It is next submitted that the co-accused Servesh Kumar Gautam and Awadesh Kumar @ Chotu have already been granted bail by a coordinate bench as well as by this Court vide orders dated 31.7.2025 and 18.09.2025 passed in Criminal Misc. Bail Application No. 6993 of 2025 and 7250 of

2025. Hence, the present applicant claims parity. 2 BAIL No. 9452 of 2025

It is submitted that the applicant is languishing in jail since 27.08.2025. Considering the general role assigned to the applicant, he is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail.

Learned A.G.A. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel.

Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., bail order of the co-accused Servesh Kumar Gautam and Awadesh Kumar @ Chotu as well as other relevant documents and also taking note of the fact that general allegations have been levelled in the FIR against all accused and also that the applicant has duly explained the criminal history, he is in jail since 27.08.2025 and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed on the principle of parity.

Let the applicant- Ajay be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The applicant shall remain present before the trial court on each date 3 BAIL No. 9452 of 2025 fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. September 26, 2025 R.C. (Karunesh Singh Pawar,J.)