Neutral Citation No. - 2025:AHC-LKO:48198 Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 928 of 2025 Applicant :- Ratiram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vikas Sharma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No.:451/2024, U/S: 191(2), 105 BNS, P.S.: Shahabad, District - Hardoi. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that general allegation of causing injury to the deceased has been levelled against five accused persons, without any specific role attributed to the applicant. The cause of death is not ascertained, and the applicant has no previous criminal history. It is further contended that co-accused Rohit, who was assigned a similar role, has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 22.07.2025 in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No. 852 of 2025. It is also submitted that the applicant has cooperated with the investigation and undertakes to cooperate during the trial. Learned A.G.A., however, opposes the anticipatory bail application, submitting that the deceased sustained four antemortem injuries. According to eye-witnesses Ajay Sharma and Brij Kishor, the applicant was assigned a danda in his hand. It is further argued that the role of the applicant is distinguishable from that of the co-accused who has been granted bail. Considering the bail order of co-accused Rohit, the post- mortem report showing four injuries, three on non-vital parts and injury no. 4 not attributed to the applicant, the absence of poison in the viscera report, the cause of death remaining undetermined, the filing of charge sheet, and the applicant’s undertaking to cooperate in the trial, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail, in view of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 18.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench