Neutral Citation No. - 2025:AHC:34964 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6241 of 2025 Applicant :- Rajan Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Prasad Mishra,Satyam Mishra,Surendra Kumar Counsel for Opposite Party :- G.A.,Shabista Parveen Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant. By means of this application under Section 483 of BNSS, applicant Rajan, who is involved in Case Crime No. 430 of 2024, under Sections 103(1), 115(2), 191(2), 190, 3(5) of BNS, police station Mugalsarai, district Chandauli seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant Mohd. Nizam lodged a first information report on 17.10.2024 against five accused persons namely, Panaru @ Ratan Lal, Pankaj, Vishwajeet, Rajan and Ashmit @ Chithar making allegation inter alia that on 16.10.2024, all the accused persons badly beaten his younger brother Shahid with lathi, danda (sticks) and rods, whereby he got seriously injured. He was immediately taken to Trauma Centre, Varanasi where the doctor declared him as brought dead. F.I.R. also alleges that other women of his family also got injured. It is argued by learned counsel for the applicant that all the five accused persons who are named in F.I.R. have been assigned the role of causing injuries to the deceased, whereas as per the injury and post mortem report of the deceased, he had sustained only one injury in the nature of contusion and in the investigation of the case, it is not clear that who is the author of the injury found on the body of the deceased. Much emphasis has been given by contending that though in the first information report, it is alleged that other women of his family also received injuries but they were not medically examined because they had no such injury. On the strength of aforesaid submission, it is also argued that exaggerated allegations have been levelled by the prosecution whereas incident has not taken place in the manner as alleged in the F.I.R. It is also submitted that apart from the present case, the applicant is having criminal of one another case, in which he has been granted bail. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 17.10.2024 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant reiterating the prosecution case as mentioned in the first information report but they could not dispute that deceased had received only one injury and it is not known that who is the author of said injury. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties as noted above, this Court is of the opinion that since it is not clear that who has caused the fatal injury out of five accused person, hence, the applicant has made out a case for bail. Accordingly, the bail application is hereby allowed. Let the applicant Rajan be released on bail in the aforesaid case crime number on 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 10.3.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad