HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35889 of 2024 Along with : 1. Criminal Misc. Bail Application No. 37187 of 2025: Manoj Kumar Versus State of U.P. Court No. - 86 HON'BLE HARVIR SINGH, J. 1. Since both the above-mentioned connected bail applications arise out of the same incident and case crime, therefore, are being decided together by a common order. 2. Heard learned counsel for the applicant and learned A. G. A. for the State and perused the material on record. 3. By means of this application, the applicant who is involved in Case Crime No. 331 of 2024, under Sections-147, 148, 149, 504, 506, 352, 452, 427, 307, 308 IPC and Case Crime No. 331 of 2024, under Section 304 IPC, P. S.-Rasra, district-Ballia, and is in jail since 05.7.2024, is seeking enlargement on bail during trial. 4. In the F. I. R., 36 named and 152 persons, including the applicant, were nominated. There are counter allegations against each other and there is one cross case also, being Case Crime No. 323 of 2024, under Sections- 147, 323, 504, 506 IPC and under Sections-3 (1) (r), 3 (1) (s) and 3 (2) (v-a) S. C. / S. T. Act, which has been lodged by respective parties against each Versus Counsel for Applicant(s) : Bipin Bihari, Prakhar Saran Srivastava, Rakesh Kumar Mathur, Shashi Bhushan Kunwar Counsel for Opposite Party(s) : Janardhan Yadav, Ram Pravesh Yadav, Sunita Chauhan, G.A. Manoj Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) other. 5. It is contention of learned counsel for the applicant the applicant has been falsely implicated in this case. The F. I. R. is delayed, as the same was registered on 25.6.2024, whereas the incident is alleged to have taken place on 21.6.2024, wherein one person, namely Shiv Kumar Pandey got injured and died after undergoing treatment for about ten months and ten days. It is further submitted that as per the report of the doctor, it has been narrated that the patient died due to long illness and for the reason that no proper treatment was given to the deceased, and died due to septicemia and thereafter Section 304 IPC was added to the existing Sections in the said case crime. Learned counsel for the applicant has submitted that the first information report of the incident was lodged on their behalf of the cross case Learned counsel also submitted that there are cross cases between the parties, therefore, it cannot be ascertained as to which party was the aggressor. He has further submitted that the co-accused, namely, Ekbal alias Bala, Sugriv and Hardev, who collectively filed Criminal Misc. Bail Application No. 36060 of 2024, have been granted bail by a coordinate Bench of this Court vide order dated 5.2.2025. The orders granting bail by a co-ordinate Bench of this Court to the other co-accused, namely Kamlesh in Criminal Misc. Bail Application No. 3883 of 2025 vide order dated 31.7.2025 and Sunil Kumar and Shiv Kumar, in Criminal Misc. Bail Application No. 4487 of 2025 vide order dated 28.7.2025, have also been produced before the Court by learned counsel for the applicant. He has lastly submitted that the applicant who has no criminal antecedents, is in jail since 5.7.2024, is entitled to be enlarged on bail. 6. Learned AGA has opposed the prayer for bail and submitted that the role of inflicting head injury, causing fracture at the temporal bone of the injured Shiv Kumar Pandey, who ultimately died during treatment, has specifically been assigned to the applicant. He further submitted that one of the witnesses, namely, Sundaram Singh and one independent witness, namely Manoj Kumar, S/o Late Vishuni Ram, also corroborated the incident in the same manner, it was narrated in the F. I. R., therefore, he is not entitled to be enlarged on bail. 7. Having considered the rival contentions of the parties, nature of offence, evidence, complicity of the accused, severity of punishment and all attending facts and circumstances of the case, and the fact that the role of causing fracture at the temporal bone of the injured Shiv Kumar Pandey, which proved fatal to him and he ultimately died during treatment, has specifically been assigned to the applicant. Not only that, there were two BAIL No. 35889 of 2024 2 other injured also namely, Raj Singh and Nand Lal Upadhyay, who also sustained injuries but recovered at the later stage. Further, a co-ordinate Bench of this Court, while granting bail to the co-accused Ram Ekbal alias Bala, Sugriv and Hardev in Criminal Misc. Bail Application No. 36060 of 2024 has taken note of the fact that specific role of assault at the head of injured, Shiv Kumar (deceased), which proved fatal to his life, has been assigned to co-accused Manoj (applicant herein), Besides, septicemia which developed, was a result of the injuries sustained by the deceased Shiv Kumar Pandey. 8. Since the cause of death is co-related with the injuries caused and ultimately developing septicemia, therefore, the role of present applicant is clearly distinguishable from that of the other co-accused, who have been granted bail by the co-ordinate Bench of this Court, hence, the prayer for bail made on behalf of the applicant is declined. 9. Accordingly, Criminal Misc. Bail Application No. 35889 Of 2024 and Criminal Misc. Bail Application No. 37187 of 2025, moved on behalf of the applicant, Manoj Kumar are rejected. March 16, 2026 HR BAIL No. 35889 of 2024 3 (Harvir Singh,J.) Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad