HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9545 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. This second bail application has been filed by the applicant, who is involved in F.I.R./Case Crime No.12 of 2023, Sessions Trial No.313 of 2023 under Section 304 I.P.C., Police Station-Pasgawan, District-Kheri. The first bail application of the applicant has been rejected by this Court on 19.12.2023 in Criminal Misc. Bail Application No.10521 of 2023. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. Learned counsel for applicant further submits that the co-accused Mithilesh has been granted bail by this Court in Criminal Misc. Bail Application No.10524 of 2023 on 4.11.2025. He further submits that allegation against the applicant is also similar, therefore, his bail is liable to be granted. He submits that PW-6 Mansukh has not supported the prosecution case in cross examination though he has supported the prosecution case in examination in chief. On the other hand, Sri Rao Narendra Singh, learned AGA has submitted that though the co-accused Mithilesh has been granted bail by this Court, but a fact has not been considered that PW-1 the complainant and PW-2 Ram Swaroop have been examined by the trial court and they have Versus Counsel for Applicant(s) : Jagdeshwar Prasad Yadav, Priyanka Gupta, Surendra Yadav Counsel for Opposite Party(s) : G.A. Arvesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. .....Opposite Party(s) categorically given statement that the applicant had assaulted the deceased with lathi. He further submits that the coordinate Bench of this Court has also not considered the order of rejection of first bail application of the applicant bearing Criminal Misc. Bail Application No.10521 of 2023 vide order dated 19.12.2023. Considering the fact that PW-1, the complainant as well as PW-2, the father of the deceased, have given statement that the accused had assaulted the deceased with lathi and the fact that the rejection of first bail application has not been considered by the coordinate Bench of this Court, I find that it is not a fit case for grant of bail. The second bail application is rejected. November 28, 2025 Sachin BAIL No. 9545 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench