Neutral Citation No. - 2025:AHC:13780 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43120 of 2024 Applicant :- Iltaf Khan Opposite Party :- State of U.P. Counsel for Applicant :- Bishram Tiwari,Jitendra Rana,Rajrshi Gupta Counsel for Opposite Party :- Brijesh Kumar Mishra,G.A.,Vijyeta Gupta Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. Counter affidavit filed today on behalf of the State is taken in the record. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 192 of 2024 at Police Station Tarkulwa District Deoria under Sections 147, 149, 304, 323, 336, 504 I.P.C. The applicant is in jail since 10.05.2024. The bail application of the applicant was rejected by the learned trial court on 07.06.2024. The following arguments made by Shri Rajrshi Gupta, learned counsel assisted by Shri Jitendra Rana, 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. A vague and general role has been assigned to the applicant in the FIR. 2. The injuries depicted in the postmortem report contradict the prosecution case. 3. The postmortem report opines that no injury was caused to the ribs and the chest bones. 4. The cause of death as reflected in the postmortem report was right lung ruptured and cervical spinal cord injury. 5. The injury to the spine was in the nature of a whiplash which results from a sudden fall to the grounds. 6. The medical report contradicts the prosecution case set out in the FIR. 7. The applicant does not have any criminal history apart from this case. 8. 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- Iltaf Khan 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 passed 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. This Court has taken notice of the finding recorded in the bail application of the co-accused Nadeem Khan contradicts the prosecution case set out in the FIR to the effect that the accused persons have jumped on the chest of the deceased. The finding in the order of co-accused Nadeem Khan is "The ribs of the deceased were fractured". Prima facie it appears to be contrary to the record. The rejection of bail to the co-accused Nadeem Khan is liable to be revisited. Shri Rajrshi Gupta, learned counsel is appointed as amicus curiae to assist the Court in the matter. He will have a video conferencing with the co-accused Nadeem Khan. Shri Divaker Dwivedi, H.J.S. shall facilitate video conference of the co-accused Nadeem Khan with the learned amicus curiae to enable the learned amicus curiae to file a fresh bail application on behalf of co-accused Nadeem Khan. Order Date :- 27.1.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad