Neutral Citation No. - 2025:AHC:90717 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29999 of 2024 Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zafar Yab Khan,Shahroze Khan Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State of U.P. 2-By means of this second bail application under Section 439 of Cr.P.C., applicant-Raj Kumar who is involved in Case Crime No. 46 of 2022, under Sections 147, 148, 302, 323, 325, 336, 504, 506 I.P.C., Police Station Uska Bazar, District Siddhartha Nagar, seek enlargement on bail during the pendency of trial. 3-First bail application of the applicant was rejected by this Court vide order dated 26.05.2023 in Criminal Misc. Bail Application No. 40427 of 2022. 4-As per prosecution case, in brief, on 23.04.2022, informant Govind lodged a first information report for the offence under Sections 147, 323, 336, 504, 506 I.P.C. against ten named accused persons namely, Panch Bahadur, Raj Kumar (applicant), Asharfi, Khaderu, Pradeep, Pintu, Indresh, Nilesh, Muila Devi and Rukmani making general allegation of assaulting him with sticks, rod, bricks and stones with further averment that when his other family members, namely, Dheeraj, Rajesh, Lallu, Sumirta, Nisha and Saloni intervened to save him, aforesaid accused persons have also beaten them. 5-It is argued by learned counsel for the applicant that in the said incident dated 23.04.2022 six persons, namely, Lallu, Dheeraj, Saloni, Rajesh Kumar, Nisha and Sumitra have received simple injuries and on the next day injured Dheeraj had died, therefore, the case has been converted under Section 302 I.P.C. It is also submitted that general role of assault has been attributed to all the accused persons. Even the injured persons in their statements under Section 161 Cr.P.C. have not specified that which injury was caused by whom. It is also submitted that identically situated other co- accused, namely, Rukmani, Muila @ Muilee and Indresh have been granted bail vide common order of the Co-ordinate Bench of this Court dated 02.01.2024 in Criminal Misc. Bail Application No. 26949 of 2023. Co-accused Pintu and Nilseh have also been granted bail vide order of the Coordinate Bench of this Court dated 02.01.2024 in Criminal Misc. Bail Application No. 30424 of 2024 and co- accused Panch Bahadur, Asharfi and Khaderu have been granted bail by this Court vide order dated 23.01.2025 in Criminal Misc. Bail Application No. 19157 of 2024, hence, the applicant is also entitled for bail on the ground of parity. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Apart from this case, applicant has criminal history of two cases, in which he has been granted bail, copy whereof has been annexed as Annexure Nos. 20 and 21 of the affidavit. The applicant is languishing in jail since 10.05.2022 and in case, he is released on bail, he will not misuse the liberty of bail and cooperate with the trial. 6-Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant in the light of prosecution case as mentioned in the F.I.R. but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. 7-Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that co-accused, namely, Rukmani, Muila @ Muilee, Indresh, Pintu, Nilseh, Panch Bahadur, Asharfi and Khaderu, under similar accusation, have been granted bail as noted above, hence, considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Accordingly the bail application is hereby allowed. 8-Let the applicant, namely, Raj Kumar 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. 10-It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. Order Date :- 27.5.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad