HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 995 of 2025 Court No. - 28 HON'BLE BRIJ RAJ SINGH, J. 1. Heard Shri Jaikaran, learned counsel for the accused-applicant as well as Shri Abhishek Kumar Singh, learned A.G.A. for the State and perused the record. 2. This second bail application has been moved by accused/applicant- Susheel Kumar for grant of bail, in Case Crime No.266 of 2023, under Sections 323, 325, 504, 506 & 304 I.P.C., Police Station Unchahar, District Raebareli, during trial as his first bail application has been rejected by this Court vide order dated 07.11.2023 passed in Criminal Misc. Bail Application No.13172 of 2023. 3. It is submitted by learned counsel for the applicant that P.W.- 1/complainant/Mool Chandra has been examined before the trial court and in his cross examination he deposed that his brother - Fool Chandra (now deceased) had gone outside and was not accompanied by anyone. He further deposed that he had no information regarding 'maar-peet'. He took his brother to hospital and hospitalized him. 4. It has been further submitted that after looking into the statement of the P.W.-1, it is clear that he has not supported the version of the F.I.R., however, he had stated in his statement recorded under Section 161 Cr.P.C. that he was an eye witness of the incident. 5. It is also submitted that P.W.-3/Doctor has opined that injury nos.1, 2 and 4 are simple in nature and out of five injuries, two injuries are grievous in nature and in the present case, there are three accused, who have been assigned the role of assault and after looking into the statement of the Doctor, it cannot be said that who have caused the fatal injury to the deceased. Nothing incriminating has been recovered from the possession or pointing of the applicant. Versus Counsel for Applicant(s) : Jaikaran Counsel for Opposite Party(s) : G.A. Susheel Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) 6. It is next submitted that applicant is in jail in this case since 07.06.2023 and he is not having any criminal history and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty. 7. Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that in the examination-in-chief, P.W.-1 has stated the same facts as narrated in the F.I.R., however, he could not dispute the fact that in cross examination, P.W.-1 did not support the case of the prosecution. 8. Having regard to the overall facts and circumstances of the case and submissions of learned counsel for the applicant that P.W.- 1/complainant/brother of the deceased had not supported the prosecution case in his cross examination and also the fact that the Doctor has also opined that out of five injuries, only two injuries were fatal, whereas there are three accused in this case, without expressing any opinion on the merits of the case, I am of the considered view that it is a fit case for bail. This second bail application is thus allowed. 9. Let the accused/applicant- Susheel Kumar involved in above- mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted. 12. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. September 4, 2025 Anupam S/- BAIL No. 995 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench