Neutral Citation No. - 2025:AHC-LKO:34594 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10660 of 2024 Applicant :- Arjun Kumar @ Dr. Arjun Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko Counsel for Applicant :- Vivek Srivastava,Navneet Upadheyay,Pooja Singh,Rama Soni,Rohit Kumar Tripathi,Shishir Pradhan Counsel for Opposite Party :- G.A.,Sudhakar Mishra Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 20.5.2024 at about 06.00 pm, while the son of the complainant was returning from the market, he was beaten by five named accused persons along with two unnamed by lathi and danda. Upon receiving the information, the complainant reached the spot. In the meantime, the police was returning from election duty and on seeing, the accused persons fled away. The complainant took his son to District Hospital where he was declared dead by the doctors. Learned counsel for the applicant submits that general role of assault has been assigned to five named accused persons along with two unnamed. As per the post-mortem report, there is one injury on the head, one injury on the neck as well as on the knee joint and the cause of death is ante-mortem head injury. He further submits that it cannot be ascertained from the prosecution case that who has inflicted the fatal head injury as in the statement of all the eyewitnesses, it is not clear who has inflicted the fatal head injury, but all the four eyewitnesses have assigned general role to the accused persons. It is further submitted that the applicant has no criminal history and he is languishing in jail since 7.6.2024. 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. 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 so also the fact that the weapon of assault i.e., wooden shaft is said to be recovered from the possession of the applicant, to which there is no independent witness; general role has been assigned to the applicant along with the co-accused persons; as per post-mortem report, the cause of death is ante- mortem head injury; charge sheet in the case has been filed; the applicant is languishing in jail since 7.6.2024 having no criminal history 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- Arjun Kumar @ Dr. Arjun involved in F.I.R./Case Crime No. 218 of 2024, under Section 302/34 IPC Police Station- Bhadokhar, 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, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (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. 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 Indian Penal Code. Order Date :- 4.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench