HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8809 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and Shri Anjani Kumar Shukla, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record. 2. Learned counsel for the applicant submits that the applicant, along with co-accused Richa, has been assigned the role of catching hold of the deceased, Umesh Chandra Ojha. The specific role of inflicting injuries has been attributed to co-accused Rishabh Ojha, as stated by the injured witness, Sitanshu. Other eyewitnesses have also consistently assigned the role of catching hold to the applicant. It is further submitted that the case of the applicant stands on a better footing than that of co-accused Rishabh Ojha, who is alleged to have inflicted injuries on the deceased. The applicant has no criminal history and is in custody since 19.03.2025. 3. It is further submitted that 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. 4. Learned A.G.A. and learned counsel for the complainant have opposed the bail application. 5. Perused the record. 6. A perusal of the postmortem report shows that cause of death is shock Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Vineet Kumar Ojha @ Raj Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) and hemorrhage due to antemortem head injuries. The deceased sustained four antemortem injuries, three on the head and one on the back of the chest. 7. Considering the fact that the applicant has only been assigned the role of catching hold, whereas the role of inflicting injuries has been specifically attributed to co-accused Rishabh Ojha; the applicant has no criminal antecedents; he is in jail since 19.03.2025; the charge sheet has been filed; and the applicant undertakes to cooperate with the trial, I find it to be a fit case for granting bail to the applicant. 8. Accordingly, the bail application is allowed. 9. Let the applicant Vineet Kumar Ojha @ Raj Kumar involved in Case Crime No. 68/2025, Under Section 3(5), 352, 109(1)/103(1) BNS, Police Station Raniganj, 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. (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. BAIL No. 8809 of 2025 2 (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 IPC (now Section 209 of BNS). 10. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 17, 2025 R.C. BAIL No. 8809 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench