Neutral Citation No. - 2025:AHC:51702 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6098 of 2025 Applicant :- Ravikant Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Pandey Counsel for Opposite Party :- Dhirendra Kumar Srivastava,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ashutosh Kumar Pandey, learned counsel for the applicant, Sri Dhirendra Kumar Srivastava, learned counsel for the first informant, Sri Triveni Saran Rai, learned AGA for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Ravikant, seeking enlargement on bail during trial in connection with Case Crime No. 195 of 2024, under Section 105 BNS, registered at P.S. Balua, District- Chandauli. 4. A First Information Report of the matter has been lodged on 22.10.2024 by Neeraj Kumar against the applicant/Ravikant, Badami Devi and Govind Gautam alleging therein that in the night of 21/22.10.2024 at about 01.30 a.m. his neighbour Gayatri Devi came to his house and told him that his brother Dheeraj went to meet her daughter in the house of her maternal-uncle wherein he jumped inside the house and was apprehended and has been made to sit therein. After which they went there and found his brother lying on the floor having pain and told him that the accused persons caught him and assaulted him with kicks, fists and danda. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the father of the girl with whom the deceased had gone to meet. It is submitted that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is submitted that although the deceased was found to have received 12 injuries on his body but the said injury were not such which could have contributed to death. It is further submitted that the post mortem report further showed that his gall-bladder was ruptured and cause of death was opined as haemorrhagic shock due to ante mortem injuries. It is submitted that it is not specified as to who caused the said injury, more so, there are chances of the same being received while he jumped inside the house. It is submitted that co-accused Govind Kumar and Gautam Kumar have been granted bail vide order dated 05.4.2025 passed by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.10442 of 2025, copy of the said order has been produced before the Court which is taken on record. It is submitted that the applicant has no other criminal antecedents as stated in para-4 of the affidavit and he is in jail since 23.11.2024. 6. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail and submitted that the applicant is named in the F.I.R. and there are allegations against him. 7. After having heard learned counsels for the parties and perusing the record, it is evident that general and omnibus allegations have been levelled against the applicant including the other co-accused persons. In the matter although gall-bladder of the deceased was found to have ruptured but the injuries as received by the deceased are not such which could have the cause of his death. Author of rupture of gall-bladder is not known. The said co-accused Govind Kumar and Gautam Kumar have been granted bail. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant- Ravikant, 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) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 9.4.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad