HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8410 of 2025 Court No. - 12 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 FIR No.0131 of 2025, under Sections 3(5), 49, 190, 191(2), 191(3) and 103(1) BNS, Police Station Beniganj, District Hardoi. In the prosecution case, it is alleged that the complainant has been residing in village Atiya, Lakhimpur Kheri, since 2009. Her husband, Sarpanch, used to repair the chains of bags. In 2009, her husband was sent to jail in connection with the murder of one Rampal. Due to this, they developed enmity with the family members of Rampal, and consequently, they shifted from Atiya to Paliyapurwa, Kheri. It is further alleged that on 07.04.2025, while her husband was going towards Bhaingaon, the named accused persons, along with 25-30 unknown individuals, surrounded him with a common intention and brutally assaulted him using lathis, dandas, and sharp-edged weapons, resulting in his murder. Learned counsel for the applicants submits that a general role has been assigned to 12 named and 25-30 unnamed persons. No specific role has been assigned to any of the applicants. Applicant No.1 has a criminal history of one case which has been explained in paragraph 19 of the bail application. It is further submitted that except applicant No.1, there is no criminal history of any applicant. As per the postmortem report, the cause of death is attributed to antemortem head injury resulting in coma. Out of the five Versus Counsel for Applicant(s) : Pankaj Gupta Counsel for Opposite Party(s) : G.A. Sarvesh And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) antemortem injuries, two are lacerated wounds and the remaining three are contusions. The charge sheet in the case has already 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 as well as perused the record. On due consideration of the facts that the allegation of assault is against 12 named and 25-30 unnamed accused persons, and no specific role of causing the fatal injury has been assigned to any individual accused; except applicant No.1, there is no criminal history; and that the deceased was a life convict and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicants. Accordingly, the bail application is allowed. Let the applicants-Sarvesh, Veeru, Rahul, Shyamu and Azad be released on bail in the aforesaid First Information Report number, subject to their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, with the following conditions: (i) The applicants shall not tamper with the evidence during the trial. (ii) The applicants shall not pressurize or intimidate the prosecution witnesses. (iii) The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicants shall file an undertaking to the effect that they 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 to the trial court to treat it as abuse of the liberty of bail and pass appropriate orders in accordance with law. (v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence BAIL No. 8410 of 2025 2 without sufficient cause, the trial court may proceed against them under Section 229-A IPC (now Section 269 BNS). (vi) In case the applicants misuse the liberty of bail during trial, and in order to secure their presence a proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued, and they fail to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against them under Section 174-A IPC (now Section 209 BNSS), in accordance with law. September 4, 2025 Saurabh Yadav/- BAIL No. 8410 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench