HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26714 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Shrawan Kumar Pandey, learned counsel for the applicant, Sri Chandra Prakash Singh, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. The Vakalatnama of Sri Chandra Prakash Singh, learned counsel for the first informant is not on record. Office to trace out the same and place it on record and make a note in the order-sheet about it. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Virendra, seeking enlargement on bail during trial in connection with Case Crime No. 0439 of 2025, under Sections 105, 115(2), 352, 3(5) B.N.S., Police Station Kotwali Dehat, District Bulandshahr. 5. Learned counsel for the applicant submits that identically placed co-accused Shivam has been granted bail by a co-ordinate Bench of this Court vide order dated 23.09.2025 passed in Criminal Misc. Bail Application No. 26583 of 2025, the copy of the said order has been produced before the Court which is taken on record. It is submitted that general and omnibus allegations have been levelled against the applicant and 02 other co-accused persons of assault upon the deceased Nank Chand on his back by a danda but no such corresponding injury was found in the postmortem examination report Versus Counsel for Applicant(s) : Aditya Vardhan Singh, Durga Prasad Tiwari, Shrawan Kumar Pandey Counsel for Opposite Party(s): Chandra Prakash Singh, G.A. Virendra .....Applicant(s) State of U.P. .....Opposite Party(s) whereas traumatic swelling was found on the right side occipital region and the cause of death was opined as neurogenic shock due to antemortem head injury. The applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 22.06.2025. 6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail but could not dispute the fact that identically placed co-accused Shivam has been granted bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that general and omnibus allegations have been levelled against the applicant and 02 other co-accused persons. One of the co-accused Shivam has been granted bail by a co-ordinate Bench of this Court. 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- Virendra, 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 BAIL No. 26714 of 2025 2 whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 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. September 24, 2025 AS Rathore BAIL No. 26714 of 2025 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad