Neutral Citation No. - 2025:AHC-LKO:47500 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7442 of 2025 Applicant :- Umashankar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. Counsel for Applicant :- Shailendra Kumar Tiwari,Sanjay Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.0142 of 2025 under Sections 3(5), 105, 61(2)(a), 352 BNS, Police Station Haidergarh, District Barabanki. It is alleged in the prosecution story that on 03.05.2025, Gokul, son of the applicant, attended a wedding procession in Village Bhikhra, PS Haidargarh, District Barabanki. At night, around 12:30 a.m. on 04.05.2025, Babulal and his associates, under a conspiracy and using abusive language, attacked Gokul with sticks and wooden rods during the “Dwar Puja” ceremony. When villagers attempted to intervene, they were also assaulted. Gokul sustained a serious head injury, lost consciousness, and was taken to the CHC Haidargarh, then referred to Trauma Centre, Lucknow, where he died during treatment. Learned counsel for the applicant submits that general allegations have been levelled against the co-accused persons, including the applicant. He submits that Babu Lal has been granted bail by a Coordinate Bench of this Court vide order dated 31.07.2025 passed in Criminal Misc. Bail Application No. 7081 of 2025. Another co-accused, Kuldeep Rawat, who was assigned a similar role, has been granted bail vide order dated 06.08.2025 passed in Criminal Misc. Bail Application No. 7306 of 2025. He submits that the case of the applicant stands on a better footing than that of the co-accused persons and claims parity with the bail orders of the said co-accused. The applicant has no criminal antecedents, and the charge-sheet has been filed. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties, perused the record as well as postmortem report wherein the following injuries have been found:- "1. Lacerated wound 06 cm x 02 cm x bone deep present on back of head at occiput. 2. Contusion 08 cm x 05 cm, present on back of head at occiput under- neath the injury no-01." On due consideration to the role assigned to the applicant; bail orders of the co-accused persons named above; he has no criminal antecedents, general nature of the allegation; coupled with the fact that the applicant is in jail since 6.5.2025; charge-sheet has been filed in the matter and without expressing any opinion on 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 Umashankar be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 under Section 229-A of the IPC (now Section 269 BNS). (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 of the IPC (now Section 209 BNS). Order Date :- 13.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench