HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9290 of 2024 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Sudhakar Mishra, learned counsel for the applicant, Sri Mayank Kumar Sinha, learned Additional Government Advocate for the State and perused the records. 2. This is the fourth bail application seeking release of the applicant on bail in Case Crime No. 324 of 2021, under Sections 147, 148, 149, 302, 323 & 506 I.P.C., registered at Police Station Dalmau, District Raebareli. The first bail application bearing Criminal Misc. Bail Application No.12141 of 2022 was rejected by this court by means of an order dated 12.12.2022 by observing that the main role of assault on the head of the deceased has been assigned to the applicant. The second and the third bail applications were rejected on the ground that no new ground had been pressed in those bail applications. 3. This fourth bail application has been filed on the ground that all the other accused persons have been enlarged on bail. The statements of three prosecution witnesses has been recorded by learned trial court and PW-1 has categorically stated that all the five accused persons were involved in assaulting the deceased. Ramsumer had assaulted the victim with barma, Umesh had assaulted with sabbal (belcha), Ramesh had assaulted with lathi and Rajkumar and Rampyari had beaten up the victim. The PW-1 stated that all the accused persons had assaulted the victim Versus Counsel for Applicant(s) : R.B.S. Rathaur, Sudhakar Mishra Counsel for Opposite Party(s) : G.A. Umesh Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko .....Opposite Party(s) together. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. The applicant is languishing in jail since 16.10.2021. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail for more than four years; that the applicant has no previous criminal history; that the PW-1 has assigned similar roles to all the accused persons and all the other co-accused persons have already been granted bail and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Umesh Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. November 10, 2025 Ram. BAIL No. 9290 of 2024 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench