HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8386 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 352 of 2024, under Sections 103(2), 115(2), 190, 191(2), 191(3), 333, 352 B.N.S., registered at Police Station Haiderabad, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.12.2024 against four named accused persons and an unknown person stating that the accused persons came on a four wheeler vehicle, broken the door of her house and assaulted her husband with hockeys, sticks and iron rods. When the informant and her mother-in-law tried to intervene they were also beaten up. The informant's husband suffered serious injuries on his head and he died while being taken to CHC, Gola. 4. The postmortem examination report of the deceased mentions a lacerated wound bone deep present over right side of forehead, the underlying frontal bone found fractured, membrane and brain found lacerated, lacerated wound bone deed present over back of head behind right ear, contusion present over front of chest, both lungs found lacerated. The informant had suffered four injuries which were simple in nature, caused by hard and blunt object and her mother-in-law had suffered two simple injuries, caused by hard and blunt object. The police claimed to have arrested nine persons, including the Versus Counsel for Applicant(s) : Sunil Dixit Counsel for Opposite Party(s) : G.A. Ashish Bharti .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) applicant on the basis of information received from a mukhbir and in their custodial statement they confessed about their involvement in commission of offence. 5. 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 and he has no criminal history. It has also been submitted on behalf of the applicant that two co-accused persons Avanish Kumar, Shailendra Kumar and Suhail Khan have already been enlarged on bail by coordinate benches of this court by means of orders dated 24.03.2025, 29.04.2025 and 7.5.2025 passed in Criminal Misc. Bail Application Nos. 2378 of 2025, 861 of 2025 and 1924 of 2025 respectively. Hence, the present applicant seeks parity with the bail orders of the said co-accused. 6. Learned AGA has opposed the bail application and submitted that charge- sheet in the case has been filed. The eye-witnesses have supported the prosecution case and alleged the complicity of the applicant. However, general role has been assigned to the applicant. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the case of the present applicant appears to be similar to that of the co-accused persons named above who have been granted bail by coordinate benches of this Court coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 17.12.2024; charge-sheet in the case has been filed and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime on the ground of parity. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Ashish Bharti 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. BAIL No. 8386 of 2025 2 (iii) The applicant 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 applicant shall file an undertaking to the effect that he 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 with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. September 3, 2025 Saurabh Yadav/- BAIL No. 8386 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench