HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7330 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Counter affidavit and rejoinder affidavit filed today are taken on record. Heard learned counsel for the applicant, learned AGA for the State as well as learned counsel for the complainant and perused the record. Learned counsel for the applicant submits that specific role of causing injury on the head of the deceased has been assigned to the co-accused Deepak Pasi who has been granted bail by a coordinate bench of this Court vide order dated 17.7.2025 passed in Criminal Misc. Bail Application No. 6500 of 2025. Another co-accused Sarvesh Pasi who has been assigned general role has also been granted bail by a coordinate bench of this Court vide order dated 24.6.2025 passed in Criminal Misc. Bail Application No. 5596 of 2025. It is submitted that no active role has been assigned to the applicant. The name of the applicant has been introduced at a late stage on the statement of the sister of the deceased regarding the role of hatching conspiracy. Thus, the case of the present applicant is on better footing than that of the aforesaid co-accused. It is further submitted that the applicant has no criminal history and he is languishing in jail since 19.7.2025. 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. Versus Counsel for Applicant(s) : Dhirendra Pratap Singh Counsel for Opposite Party(s) : G.A., Alok Kumar Srivastava, Jitendra Vikram Rohit Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the bail orders of the co-accused named above so also the fact that the applicant is not named in the FIR; his name has surfaced after 19 days of the incident in the statement of Neetu Pal with an allegation that he was a conspirator coupled with the fact that the applicant has no criminal history; he is languishing in jail since 19.7.2025; 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 applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Rohit Kumar involved in Case Crime No. 95 of 2025, under Sections 61(2), 3(5), 191(2), 191(3), 103(1), 118(1), 352 and 351(3) B.N.S. 2023 P.S.- Lalganj, District - Raebareli, 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, BAIL No. 7330 of 2025 2 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 4, 2025 Shravan BAIL No. 7330 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench