HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43866 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Jai Prakash Singh, learned counsel for the applicant, Sri Ghan Shyam Yadav, learned counsel for the first informant, Sri B.P. Maurya, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 282 of 2025 under Sections 115(2), 352, 351(3), 117(2), 103(1) BNS registered at Police Station Rasra, District Ballia during pendency of the trial. 3. It has been argued by learned counsel for the applicant that similarly placed co- accused Gulab Singh has already been granted by Co-ordinate Bench of this Court vide order dated 24.6.2026 passed in Crl. Misc. Bail Application No. 11689 of 2026. It is next submitted that applicant and co-accused Gulab Singh and Dhananjay Singh are said to have assaulted Chandrika Singh, Suryanath Singh and Janardan Singh. It is next submitted that the injured Chandrika Singh died after 45 days of the incident and his cause of death has been shown in the postmortem report as septicemic shock due to antecedent chest trauma and he died due to negligence in treatment. It is submitted that during investigation, injured witnesses including the deceased have not assigned any specific role to the applicant and only general and omnibus roles have been assigned to all the accused persons. It is further submitted that applicant has criminal history of one case in which he is on bail and he has been languishing in jail since 03.9.2025 and till date, only one prosecution witness has been examined by the trial court, therefore, trial is not likely to conclude in near future. 4. On the other hand, learned counsel for the first informant opposed the prayer for grant of bail to the applicant and submits that applicant and two other co-accused persons have assaulted Chandrika Singh, Suryanath Singh and Janardan Singh and all of them including the deceased have stated before the Investigating Officer that Versus Counsel for Applicant(s) : Arvind Kumar Kanaujiya, Jai Prakash Singh, Pankaj Kumar Shukla, Sahab Tiwari, Sanjay Kumar Pal, Saurabh Tiwari, Sita Tiwari Counsel for Opposite Party(s) : G.A., Ghan Shyam Yadav, Nikhil Tripathi Khadak Singh @ Khadag Singh .....Applicant(s) State of U.P. .....Opposite Party(s) applicant and two other accused persons assaulted them. It is further submitted that co-accused Gulab Singh has been granted bail but he is a person of old age. 5. Learned AGA also opposed the prayer for grant of bail to the applicant on the same lines. 6. As per the FIR, applicant and co-accused Gulab Singh and Dhananjay Singh are said to have assaulted Chandrika Singh, Suryanath Singh and Janardan Singh, however, they have not been assigned any weapon in the FIR. One of the injured Chandrika Singh died after 45 days of the incident and as per postmortem report, cause of his death has been shown as septicemic shock due to ante mortem chest trauma. During investigation, the injured witnesses including the deceased have not assigned any specific role to the applicant and general and omnibus role have been assigned to all the accused persons. Similarly placed co-accused Gulab Singh has already been granted bail by Co-ordinate Bench of this Court and role of the applicant is not distinguishable from the role of aforesaid accused person. Applicant has criminal history of one case in which he is on bail and he has been languishing in jail since 03.9.2025. Till date, only one prosecution witness has been examined by the trial court, therefore, trial is not likely to conclude in near future. 7. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Let the applicant Khadak Singh @ Khadag Singh involved in the aforementioned crime be released on bail, on his 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 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. (ii) The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. BAIL No. 43866 of 2025 2 (iv) The applicant shall attend in accordance with the conditions of the bond executed by him. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. October 1, 2026 Madhurima BAIL No. 43866 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad