Neutral Citation No. - 2025:AHC-LKO:27856 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 941 of 2025 Applicant :- Rohit Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. Counsel for Applicant :- Shashank Tilhari,Amar Deep Mishra,Pallav Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shashank Tilhari, the learned counsel for the applicant, Sri Jayant Singh Tomar, the lerned AGA-I for the Stateand perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 329 of 2024, under Sections 191(2), 191(3), 190, 103(1), 352 B.N.S., Police Station Paraspur, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.07.2024 against four named persons, not including the applicant, and an unknown person, stating that due to an old political animosity, all the accused persons carrying 'banka', 'gadansa' and other illegal weapons, entered the informant's house and attacked her husband. The informant and her two daughters ran to save him but the accused persons went away hurling dirty abuses. The informant's took her husband to Police Station Paraspur and then to C.H.C. Paraspur from where the doctors referred him to District Hospital-Gonda and he was declared dead upon the arrival in the hospital. 4. The postmortem examination report mentions as many as fourteen injuries on the dead body and the cause of death has been opined to be shock and hemorrhage due to ante-mortem injuries. 5. In the statement of the informant recorded by the Investigating Officer she stated that her husband had contested election for Corporator against co-accused Udai Bhan Singh (deceased) in the year 2023. A dispute and altercation took place between the parties during the election and the applicant’s father had lodged a case against the informant’s husband, in which the informant’s husband had gone to jail and the applicant’s father had won the election since then an animosity was smearing between the parties. On 19.07.2024, while the informant and her daughters were present in the house, the accused persons entered the informant’s house and killed her husband. Upon hearing the noise, the informant saw from the window that Lallan Singh was attacking her husband with a ‘banka’, Nandan @ Balveer Singh was also assaulting him with ‘banka’, Rohit Singh (the applicant) was catching hold of her husband, Chandan (the applicant) was standing outside her house holding an iron rod and Suraj was hiding somewhere nearby and she could not see Suraj. All these person had assaulted her husband. 6. Mansi Singh and Pallvi Singh, daughters of the deceased stated that they had seen Lallan Singh, Nandan Singh and Rohit Singh running away from the channel gate of their house. Lallan Singh was holding a ‘farsa’ and they could not see as to what was the held by the other person. Subsequently, they came to know that two other sons of Lallan Singh, namely, Chandan Singh and Suraj Singh were also involved in the incident. 7. Adarsh Pratap Singh and Vishnu Pratap Singh sons of the deceased also gave similar statements. Another witness Piyush Singh stated that he had seen the applicant standing outside the channel gate. 8. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case. The applicant's involvement in another has been disclosed in para 31 of the affidavit filed in support of the application in which he has been enlarged on bail. His involvement in another criminal case has been disclosed in para 3 of the supplementary affidavit, which is a case under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act and which has been registered on the basis of applicant's involvement in the present case. 9. The State has filed the counter affidavit annexing therewith copies of the material collected during investigation and a copy of the charge-sheet submitted on 13.08.2024. 10. Learned A.G.A.-I has opposed the bail application. 11. Learned counsel for the applicant has submitted that the co-accused Suraj Singh and Dharamveer Singh alias Chandan Singh have been granted bail by means of orders dated 02.12.2024 and 01.05.2025 passed by this Court in Criminal Misc. Bail Application Nos. 11527 of 2024 and 12968 of 2024 respectively. 12. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the FIR; although the informant stated in her statement recorded under Section 161 Cr.P.C. that the applicant was also involved in the offence, she stated that the applicant was catching hold of her husband; the other witnesses have stated that they had seen the applicant standing outside the channel gate of the house and some of them have stated that they had seen the applicant running away; the applicant is languishing in jail since 27.07.2024 whereas the investigation already stands concluded and that two co- accused persons Suraj Singh and Dharamveer Singh alias Chandan Singh have already been granted bail and without making any observation which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail. 13. Accordingly, this bail application stands allowed. 14. Let the applicant- Rohit Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. Order Date :- 12.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench