HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8593 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed today on behalf of the complainant is taken on record. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that on 20.3.2025 in the night at about 8 pm 10 named persons who had armed with lathi-danda, rod and knife have attacked at the house of the complainant, due to which the brother of the complainant died on the spot and five persons have got injured. Learned counsel for the applicant submits that applicant has falsely been implicated in this case. Cause of death is Coma due to ante mortem head injury however, no specific allegation has been levelled against the applicant by the injured witnesses. It is submitted that the role of causing injury to the deceased by danda has been assigned to the co-accused Dinesh and rest of the accused persons including the present applicant have been assigned general role. He also submits that co-accused Vikas and Rajpal have been granted bail by this Court vide orders dated 18.08.2025 and 4.9.2025 passed in Criminal Misc. Bail Application Nos.7543 of 2025 and 8400 of 2025, to which the applicant seeks parity. It is further submitted that the applicant has no criminal history and he is Versus Counsel for Applicant(s) : Pankaj Kumar, Krishan Bhushan Tripathi Counsel for Opposite Party(s) : G.A. Brijesh Yadav @ Bablu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko .....Opposite Party(s) languishing in jail since 3.4.2025. Charge-sheet in the case has been filed. Till date, the trial has not yet commenced. 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. has opposed the prayer for bail and submitted that the recovery of weapon of assault has been made from the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has no criminal history; he is languishing in jail since 3.4.2025; general role has been assigned to the applicant; charge-sheet in the case has been filed; the trial has not yet commenced, bail order of co-accused Vikas and Rajpal (supra) to which the applicant seeks parity 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 on the grounds of parity. Let the applicant- Brijesh Yadav @ Bablu involved in Case Crime No.0067 of 2025, under Sections 190, 115(2), 351(2), 352, 191(2), 103(1) of BNS, P.S. Ataria, District- Sitapur 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 BAIL No. 8593 of 2025 2 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 9, 2025 Shravan BAIL No. 8593 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench