Neutral Citation No. - 2025:AHC:94102 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13279 of 2025 Applicant :- Jharkhandey Modanwal Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 2. The present second bail application has been filed by the applicant-accused in Case Crime No. 278 of 2022, under Sections 147, 148, 149, 302, 201, 323, 506 IPC and Section 3(2)(5) of SC/ST Act and Section 3(1) of U.P. Gangsters Act, P.S.- Bhadohi, District- Bhadohi, with the prayer to enlarge the applicant-accused on bail. The first bail application of applicant was rejected by this Court vide order dated 09.05.2023. 3. It is submitted by learned counsel for the applicant that the first information report was lodged against nine accused persons, including the applicant, alleging that they have assaulted the deceased Jitendra and injured persons. In postmortem report of deceased Jitendra, only three injuries have been shown on the body of deceased. In first information report, only general role has been assigned to all the nine accused persons that they have assaulted the deceased. No specific role was assigned to the applicant. Learned counsel has referred the record of alleged CCTV footage, wherein, it was shown that co-accused Mahesh has caught the deceased and co-accused Shubham has given a rod blow at head of deceased and another co-accused Mayank Chaurasiya has given a blade blow at neck of deceased. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 09.05.2023 and after that a period of two years has passed. After rejection of first bail application, co-accused Pappu @ Deena, Mahesh Modanwal, Anshu Modanwal and Mayank @ Saurabh have been granted bail. Main role of assaulting the deceased has been attributed to Mahesh, Subham and Mayank. The case of applicant is on better footing than those co-accused persons, who have been granted bail. It is further submitted that applicant is in jail since 26.10.2022 and thus, he has already undergone detention of more than two and a half years. It was stated that the applicant has no criminal history and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate during trial. 4. Learned A.G.A. has opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits however, it could not be disputed that similarly placed co-accused persons have already been granted bail. 5. Considering the submissions of learned counsel for the parties, period of detention, stage of trial and the fact that similarly placed co-accused persons have already granted bail, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 6. Let the applicant-accused - Jharkhandey Modanwal, involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 30.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad