HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31463 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicants and Sri Shashank Shekhar Pandey, learned A.G.A. for the State-opposite party. 2. The present bail application has been filed with the prayer to enlarge the applicants on bail in Case Crime No. 462 of 2025, under Sections 191(2), 352, 115(2), 105, 117(2) B.N.S., Police Station Kotwali Lalitpur, District Lalitpur during the pendency of the trial. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. In the alleged incident Karan and Devraj received injuries on non-vital part of the body, whereas Ashok received a grievous injury on his head. Subsequently, Ashok succumbed to his injury. A vague and general role has been assigned to the applicants. The applicants have not been nominated as the principal offenders who caused injury to deceased Ashok. It is next contended that identically placed co-accused Vinod Kumar and Lucky have been granted bail by this Court vide order dated 26.09.2025 passed in Criminal Misc. Bail Application No. 31256 of 2025, Vinod Kumar and another v. State of U.P. The applicants claim parity. The applicants are in jail since 29.04.2025 having no criminal history and if they are released on bail, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Ajay Kumar Pandey, Jainendra Kumar Pandey, Yagya Datt Pandey Counsel for Opposite Party(s) : G.A. Hari Shankar And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that in the alleged incident Karan and Devraj received injuries on non-vital part of the body, whereas Ashok received a grievous injury on his head; a vague and general role has been assigned to the applicants; the applicants have not been nominated as the principal offenders who caused injury to deceased Ashok; and, identically placed co-accused Vinod Kumar and Lucky have been granted bail by this Court. The applicants have no criminal antecedents. The applicants have no criminal antecedents. Moreover, the applicants have remained confined for more than five months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 6. Let the applicants- Hari Shankar and Kuttu @ Rahul, involved in the aforesaid case, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that they: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 13, 2025 SKT/- BAIL No. 31463 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad