HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28131 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant and Sri V.D. Ojha, 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- Ravindra Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 294 of 2025, under Sections 105, 115(2) B.N.S., Police Station Mehnagar, District Azamgarh. 4. The first information report of the present matter was lodged on 09.06.2025 by Gyanendra Singh against the applicant, Aman Yadav and Pawan Yadav alleging therein that on 08.06.2025 at about 10 am the informant along with his nephew Amit Singh @ Sonu Singh, Sangam Singh and Smt. Shilpa Singh wife of Sangam Singh went to sweetmeat shop situated in Jigni Bazar for having their breakfast wherein its owner Aman Yadav and Pawan Yadav had quarrel with them on which they were exhorted by Ravindra Yadav (the applicant) and then they assaulted them with a wood and iron piece kept there due to which his nephew Amit Singh received injury. He was undergoing treatment but on 09.06.2025 at about 2 pm he died. A report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has Versus Counsel for Applicant(s) : Kiran Yadav, Sanjay Kumar Yadav Counsel for Opposite Party(s) : G.A. Ravindra Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) been falsely implicated in the present case. It is submitted that as per the first information report the role assigned to the applicant is of exhortation. It is submitted that in so far as the other persons present along with the first informant at the place of occurrence is concerned, none of the persons have received injuries, paragraph 29 of the affidavit has been placed before the Court. It is submitted that the deceased received 03 lacerated wounds on his body and the cause of death was opined as coma due to antemortem head injury, the author of which is not known. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted, paragraph 16 and Annexure-10 to the affidavit has been placed before the Court. It is submitted that the case of the applicant is distinguishable with that of co-accused Aman Yadav and Pawan Yadav. The applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 10.06.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the role assigned to the applicant is of exhortation only. The role of assault on the deceased is assigned to co-accused Aman Yadav and Pawan Yadav. Charge-sheet in the matter has been submitted. Except for the deceased there is no other person injured in the matter. 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- Ravindra Yadav, 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. BAIL No. 28131 of 2025 2 (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 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. October 6, 2025 AS Rathore BAIL No. 28131 of 2025 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad