Neutral Citation No. - 2025:AHC-LKO:45023 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6960 of 2025 Applicant :- Munauvar Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. Counsel for Applicant :- Sukh Deo Singh,Ravi Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the complainant, Mohammad Jubaid, along with his brothers Mohammad Ali and Mohammad Ubaid, were assaulted by the named accused persons using iron rods. It is further alleged that Mohammad Ali’s wife also sustained injuries during the incident. Learned counsel for the applicant submits that general role has been attributed to all the named accused in the FIR, and no specific allegations have been made by the injured witness, Mohammad Jubaid, against the applicant. It is stated that in his confessional statement, co-accused Israr Ali admitted to striking the deceased on the head with a "sabbal", due to that he fell down. The independent eyewitnesses, namely Salikram and Mohiyadeen, have also assigned general role to all the accused. The cause of death, as per the postmortem report, is antemortem head injury. It has also been submitted that co-accused Shiba Bano has already been granted bail by a coordinate Bench of this Court vide order dated 14.07.2025, passed in Criminal Misc. Bail Application No. 4754 of 2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail prayer, contending that co- accused Shiba Bano was granted bail solely on the ground of being a woman. Considering the postmortem report of the deceased, the statements of the injured and eyewitnesses, the bail granted to co-accused Shiba Bano, the nature of the allegations, the absence of any recovery, and the fact that the charge sheet has already been filed, as well as the applicant's incarceration since 16.03.2025 without any criminal antecedent, this Court finds it to be a fit case for grant of bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Munauvar Ali involved in Case Crime No. 0167 of 2025, under Sections 115(2), 352, 351(3), 105 of Bharatiya Nyaya Sanhita, 2023, P.S. Dewa, District Barabanki, be released on bail on his 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 applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (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 82 Cr.P.C. (now Section 84 BNSS) 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 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. Order Date :- 4.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench