HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24754 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicants, learned counsel for the first informant and Shri Arimardan Yadav, learned A.G.A. for the State and perused the record. This bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicants, Lalchand Bind, Suraj Kumar Bind and Bajrangi Kumar Bind, seeking enlargement on bail in Case Crime No. 224 of 2025, under Sections 105, 115 (2), 352, 110 B.N.S., Police Station-Kotwali, District-Ghazipur. Learned counsel for the applicants argued that the accused-applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 04.04.2025. First Information report has been lodged by the first informant on 04.04.2025 with the allegation that on the date of incident i.e. 03.04.2025, at about 9.00 p.m., the mother of the first informant was serving food to his father in law, the applicant no. 1 Lalchand Bind, hurled abuses and when she restricted him all the applicants assaulted her and her father in law, by Lathi Danda. On hearing noise the informant and his brothers, Jitendra Bind and Angad Bind, tried to save them all the applicants assaulted them by Lathi Danda, due to which the mother of the first informant Sugani Devi, brothers namely Jitendra Bind and Angad Bind, sustained severe injuries. All the injured were taken to the District Hospital, where injured Jitendra Bind Versus Counsel for Applicant(s) : Jitendra Kumar, Raj Kumar Yadav, Salil Krishna, Shailendra Kumar Rai Counsel for Opposite Party(s) : G.A., Istyak Khan, Sheikh Saaduddin Sazaly Lalchand Bind And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) was declared dead. Injured Angad Bind was referred to Banaras for treatment, whereas, the treatment of Sugani Devi is going on in District Hospital. In the post mortem report the cause of death has been shown as 'Coma @ Haemorrhagic Shock as a result of Antemortem head Injury. Learned counsel for the applicant submits that only general role has been assigned to all the applicants of assault by Lathi Danda. No specific role has been assigned to the any of the applicants. Learned counsel for the applicants further submit that in the present case charge sheet has been filed against the applicants. Recovery of Danda has been shown from the applicant nos. 2 and 3 are planted one. Learned counsel for the applicants further submit that applicant no. 1 has criminal antecedents of two cases which has been explained in paragraph no. 3 of the supplementary affidavit, whereas, applicant nos. 2 and 3 have no criminal antecedents and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail with the contention that all the accused persons have assaulted the injured. They further submits that there is motive of the incident to the applicants as there is property dispute between the parties. Recovery of Danda has been made from the applicant nos. 2 and 3 and Danda recovered from the applicant no. 3 Bajrangi Kumar Bind was blood stained. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail to the applicants no. 1 and 2 is made out. Accordingly, the bail application is allowed with respect to applicants no. 1 and 2. However, the Bail Application with regard to applicant no. 3 Bajrangi Kumar Bind is rejected. Let the accused-applicants, Lalchand Bind and Suraj Kumar Bind, BAIL No. 24754 of 2025 2 involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. September 17, 2025 Deepak/ BAIL No. 24754 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad