HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1460 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicants, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that on 29.12.2024 at about 02.00 pm, while the complainant was doing her household chores and her husband was taking rest, the named accused persons including the applicants came at her home and started abusing her and her husband. Thereafter, they dragged her husband to the road and started abusing while beating him with kicks and fists. The applicants are alleged to have badly beaten the deceased by brick and wooden log and have thrown him on the ground while dragging, due to which grievous injury has been suffered by him. Learned counsel for the applicants submits that the prosecution story narrated by the informant who is the eye-witness, is false. As per the post- mortem report, there are no ante-mortem injuries found on the body of the deceased. The deceased died due to cardiogenic shock as a result of ante- mortem myocardial infraction. He submits that general role has been assigned to the applicants. The co-accused Rajpati Shukla has already been granted interim anticipatory bail by a coordinate bench of this Court vide order dated 13.2.2025 passed in Criminal Misc. Anticipatory Bail Application No. 139 of 2025. It is submitted that it is a case of false implication. Versus Counsel for Applicant(s) : Akhilesh Kumar Pandey, Arun Sinha, Ram Chandra Singh, Swadha Gupta Counsel for Opposite Party(s) : G.A., Karunesh Singh, Vijay Pratap Singh Nakul Shukla And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) It is further submitted that the applicants have explained their criminal history in para no. 13 of the bail application and they are languishing in jail since 4.1.2025. There is no possibility of the applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicants. On due consideration to the submissions advanced, perusal of the record, the post-mortem report, the role assigned to the applicants, the interim anticipatory bail order of the co-accused Rajpati Shukla so also the fact that the applicants have duly explained the criminal history; they are languishing in jail since 4.1.2025; charge-sheet in the case has been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed. Let the applicants- Nakul Shukla and Sadashiv Shukla involved in Case Crime No. 596 of 2024, under Sections 352, 351(3), 105 B.N.S., Police Station- Purakalandar, District- Ayodhya, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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. (iv) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance BAIL No. 1460 of 2025 2 with law. (v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them in accordance with law. (vi) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 B.N.S.S. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of B.N.S. August 27, 2025 Shravan BAIL No. 1460 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench