HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26724 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Surendra Mohan Mishra, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Dhiraj Nishad, seeking enlargement on bail during trial in connection with Case Crime No. 239 of 2025, under Sections 191(2), 191(3), 103(1), 3(5) B.N.S., Police Station Jhangaha, District Gorakhpur. 4. Learned counsel for the applicant submits that general and omnibus allegations have been levelled naming the applicant, 07 other co-accused persons and some unknown persons as accused in the first information report of assault upon the deceased Dheeraj Nishad. It is submitted that as per the postmortem examination report the deceased was found to have received two injuries on his person and the cause of death was opined as coma due to antemortem head injury which was injury no.1 whereas the injury no. 2 was found to be contused swelling which did not contribute to his death. It is submitted that the author of the fatal injury is not known. It is submitted that identically placed co-accused Sagar Nishad and Gautam Nishad have been granted bail by a co-ordinate Bench of this Court vide orders dated 04.09.2025 and 11.09.2025 passed in Criminal Misc. Bail Application Nos. 27193 of 2025 and 25184 of 2025, the copy of Versus Counsel for Applicant(s) : Surendra Mohan Mishra Counsel for Opposite Party(s) : G.A. Dhiraj Nishad .....Applicant(s) State of U.P. .....Opposite Party(s) the said orders have been produced before the Court which are taken on record. While placing paragraph 2 of the supplementary affidavit dated 28.07.2025 which is already on record it is submitted that the applicant was previously involved in a case in which he has been granted bail. The applicant is in jail since 17.05.2025. 5. Per contra, learned counsel for the State opposed the prayer for bail. 6. After having heard learned counsel for the parties and perusing the record, it is evident that general and omnibus allegations have been levelled in the first information report naming the applicant, 07 other accused persons and some unknown companinons of the accused of assault with lathi & danda on the accused. The deceased died due to head injury which proved fatal. The other injury did not contribute to the death. Co-accused Sagar Nishad and Gautam Nishad have been granted bail by a co-ordinate Bench of this Court. 7. 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. 8. Let the applicant- Dhiraj Nishad, 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. BAIL No. 26724 of 2025 2 (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 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. 9. 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. 10. The bail application is allowed. 11. Pending application (s), if any, shall stand disposed of. September 24, 2025 AS Rathore BAIL No. 26724 of 2025 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad