HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29561 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Piyush Dubey, learned Advocate holding brief of Sri Ravindra Sharma, learned counsel for the applicant, Sri Shobh Nath Pal, learned counsel for informant and Sri Pradeep Kumar, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 239 of 2024 (Session Case No. 1845 of 2024), under Sections 147, 149, 307, 302 IPC, Police Station Dataganj, District Budaun during pendency of the trial. 3. Learned counsel for the applicant submits, however, technically this is second bail application but first bail application of the applicant has not been decided on merit and the same was dismissed as withdrawn. 4. He further submits, however, applicant is named in the FIR along with as many as nine others but from the FIR it reflects, on the basis of general allegation he has been made accused in the present matter. He further submits, from the facts of the case, it reflects, it is a case of over implication. 5. He further submits, however, as per prosecution, in the incident one person died and one Avanish sustained injuries but even from the statements of injured Avanish and other eye witnesses it reflect, except the fact that applicant and other accused dragged the deceased in his house, the role of all the accused persons are same and only general allegations of assault has been attributed to all of them. 6. He further submits, after considering the entire facts of the case in detail, bail applications of co-accused Mahesh, Viresh @ Vijaypal, Munendra and Versus Counsel for Applicant(s) : Ravindra Sharma Counsel for Opposite Party(s) : G.A., Shobh Nath Pal Rajpal .....Applicant(s) State of U.P. .....Opposite Party(s) Rajan have been allowed and their bail orders have been annexed along with instant bail application and as far as allegation of assault is concerned, the case of applicant is at par with them. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 09.07.2024 i.e. for last more than a year. 8. Per contra, learned AGA as well as learned counsel for informant opposed the prayer for bail and submitted that applicant is principal accused and in his house deceased was assaulted and he is specifically named in the FIR but they could not dispute the fact that as far as role of assault and dragging is concerned, the role of applicant is at par with other co-accused as only general allegations have been leveled against all the accused including co- accused Mahesh, Viresh @ Vijaypal, Munendra and Rajan. They further could not dispute the fact that above four accused persons have already been released on bail by this Court. They further could not dispute the fact that applicant is not having any criminal history and in the present matter he is in jail since 09.07.2024 i.e. for last more than a year. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, this is second bail application filed on behalf of applicant but first bail application of the applicant has not been decided on merit and it has been dismissed as withdrawn. 11. Further, however, applicant is named in the FIR along with nine others and as per allegation accused persons dragged the deceased in the house of applicant and made assault upon him and in the incident one Avanish also sustained injuries but it reflects, only general allegations have been leveled against all the accused including co-accused Mahesh, Viresh @ Vijaypal, Munendra and Rajan and these accused have already been released on bail. As far as allegation of assault is concerned, the case of applicant is at par with them. 12. Further, however, as per allegation deceased sustained injuries in the house of applicant but admittedly he did not die in the house of applicant and it appears, after the alleged assault he was taken to the hospital and in the hospital he died. 13. Further, applicant is not having any criminal history and in the present BAIL No. 29561 of 2025 2 matter he is in jail since 09.07.2024 i.e. for last more than a year. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Rajpal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 8, 2025 AK Pandey BAIL No. 29561 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad