HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11135 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Pravin Kumar Pandey, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.30 of 2025, under Section 103(1), 109(1), 191(2), 351(3), 352, 61(2) BNS, P.S. Ramgaon, District Bahraich. 3. In terms of the FIR, allegations were levelled that two persons named in the FIR on account of old enmity attacked the cousin brother of the informant and his son on 25.01.2025 when they were going towards agricultural field which resulted in substantial injuries and subsequent death of the cousin brother. Subsequently, the wife of the deceased gave an application which is on record as Annexure - 7 wherein allegations were levelled that all the five persons including the applicant with a common intention caused the injuries which resulted in the death of the said person. 4. Learned counsel for the applicant argues that four co-accused have been enlarged on bail - their bail orders are on record as Annexure - 3. 5. In the light of the said, it is argued that as the allegation against the applicant are similar to the co-accused who have been enlarged on bail, the applicant who is in custody since 28.01.2025 may also be enlarged on bail as he has no criminal antecedents. Versus Counsel for Applicant(s) : Ashish Raman Mishra Counsel for Opposite Party(s) : G.A. Gulshan Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) 6. Learned counsel for the informant, on the other hand, strongly opposes the bail application by arguing that the FIR was got lodged in a hurried manner by the cousin brother of the deceased and subsequently, the correct version was recorded by the wife of the deceased as is contained in Annexure - 7. It is further argued that co-accused were enlarged on bail on the ground of age and they being female. It is further argued that the applicant is not permitting the recording of the evidences of the prosecution witnesses. There is no denial that the applicant has no criminal antecedents. 7. Learned AGA has opposed the bail application. 8. Considering the nature of the allegation against the applicant to be similar to the co-accused who have been enlarged on bail and nothing specific against the applicant, the applicant who is in custody since 28.01.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 9. Let the applicant Gulshan Tiwari be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. 10. Needless to add that the trial shall proceed expeditiously without giving any unnecessary adjournment to any of the parties. November 17, 2025 nishant BAIL No. 11135 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench