Neutral Citation No. - 2025:AHC:4822 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46900 of 2024 Applicant :- Mithlesh Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Prakash Singh,Sushil Shukla Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.152 of 2024 at Police Station-Rura, District-Kanpur Dehat under Sections 302, 336, 325, 34 IPC. The applicant is in jail since 29.07.2024. The bail application of the applicant was rejected by the learned trial court on 06.12.2024. The following arguments made by Shri Sushil Shukla, learned counsel and Shri Aditya Prakash, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail: 1. The FIR arises out of a dispute between the parties over flow of drain water. 2. The applicant is a married lady who ordinarily resides in her marital house. 3. The applicant has been falsely nominated only to bring the women folk of the family into disrepute. 4. As per the prosecution case set out in the FIR there was a free fight and brick batting between the parties. A vague and a general role has been assigned to the applicant in the FIR. 5. The applicant has not been identified as the principal offender who inflicted any fatal injuries to the deceased. 6. The role of the applicant is distinguishable from the principal offenders. 7. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to co-accused-Reena who has been enlarged on bail by this Court on 23.09.2024 in Criminal Misc. Bail Application No.29168 of 2024. 8. The applicant has explained his criminal history. It is also contended that the applicant has been falsely nominated in another criminal case only to show the proficiency of the police investigators. The applicant has no bearing on the instant bail application. 9. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Mithlesh be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 9.1.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad