Neutral Citation No. - 2025:AHC:27207 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42776 of 2023 Applicant :- Ajay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Kumar Mishra Counsel for Opposite Party :- G.A.,Sunil Kumar Singh Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 285 of 2023 at Police Station- Dhoomanganj, District- Prayagraj, under Sections 147, 149, 304 IPC. The applicant is in jail since 11.06.2023. The bail application of the applicant was rejected by the learned trial court on 21.09.2023. The following arguments made by Sri Ravindra Kumar Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agarwal, learned AGA-I from the record, entitle the applicant for grant of bail: 1. The delay of five days in lodgement of the FIR in the facts and circumstances of this case is fatal to the prosecution case. 2. The prosecution case in the F.I.R. records that the applicant along with the others kicked and inflicted fist blows on the deceased. 3. Vague and general role has been assigned to the applicant. Nature of injuries and manner of assault shows that there was no intent to kill. 4. All male members from the applicant's side has been nominated out of malice due to ongoing village rivalry. 5. The postmortem report discloses only one antemortem injury suffered by the injured led to his death. 6. The applicant has not been identified as the principal offender who inflicted the aforesaid injury. The deceased got injured when he fell to the ground. 7. The applicant claims congruency in role and seeks parity in relief granted to the co-accused person Ashish Kumar who has been enlarged on bail by this Court by order dated 19.09.2023 passed in Criminal Misc. Bail Application No. 39555 of 2023. 8. The applicant does not have any criminal history apart from this case. 9. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Ajay Singh 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 below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 27.2.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad