HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8312 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Sumit K. Srivastava, Advocate on behalf of the complainant is 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. In the prosecution case, it is alleged that on 04.03.2025 at about 10 am, while the informant's grandfather Hadish Ahmad was taking a bath, the named accused persons including the applicant with a common intention armed with lathi-danda came and started beating him (deceased) while hurling abuses. After hearing hue and cry, the people from neighbourhood rushed to the spot. It is alleged that while threatening to kill, the accused persons went to their home. Learned counsel for the applicant submits that the applicant is innocent. In the statement of the complainant and the eye-witnesses, general role of causing injury has been assigned to all the four accused persons. He submits that only one independent witness Mohd. Ayub Khan has assigned the role of causing injury by lathi to the present applicant. As per the post-mortem report, there are four ante-mortem injuries, out of which injury no. 2 is an incise wound, but it has not been explained as to how this injury has been caused. It is also submitted that the cause of death is septicemic shock as a result of infection in both lungs associated with coma. Thus, the ante- Versus Counsel for Applicant(s) : Akhilesh Pratap Singh, Ashutosh Prakash Counsel for Opposite Party(s) : G.A. Ibad Ali .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Affairs Lko. .....Opposite Party(s) mortem injury suffered by the deceased is not the cause of death. It is further submitted that the applicant has no criminal history and he is languishing in jail since 7.3.2025. 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. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant and submitted that the independent witness Mohd. Ayub Khan has assigned the specific role to the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that in the statement of the complainant and other eye- witnesses, general role of causing injury has been assigned to all the four accused persons; as per the post-mortem report, the cause of death is septicemic shock as a result of infection in both lungs associated with coma, wherein there is no explanation as to how the deceased suffered injury no. 2 coupled with the fact that the applicant has no criminal history; he is languishing in jail since 7.3.2025; 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- Ibad Ali involved in Case Crime No. 38 of 2025, under Section 103(1) of B.N.S., Police Station- Lilapur, District- Pratapgarh, 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. BAIL No. 8312 of 2025 2 (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 2, 2025 Shravan BAIL No. 8312 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench