HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29746 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Vivek Kumar Singh, learned counsel for the applicant, Sri Ranjeet Yadav, learned counsel for the first informant and Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 08 of 2024 under section 304, 323 I.P.C., Police Station Rampur, District Jaunpur, during the pendency of the trial. 3. This is a second bail application. 4. First bail application no.22074 of 2024 was rejected by this court on 25.07.2024. 5. Contention of learned counsel for the applicant is that the allegation is against four persons for assaulting the deceased who subsequently succumbed to injuries. It is further submitted that though allegation was made against four persons including the present applicant and no specific role has been assigned to any of the applicant. It is further submitted that the co-accused, Santosh Kumar Yadav alias Bhodu, has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.24563 of 2025 vide order dated 14.08.2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that all fact witnesses have already been examined during the trial, therefore, there is no chance of tampering with the witness. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been Versus Counsel for Applicant(s) : Sr. Advocate, Vivek Kumar Singh Counsel for Opposite Party(s) : G.A., Ranjeet Yadav Ram Dular Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is languishing in jail since 23.01.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 6. Per contra, learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. Considering the aforesaid submission that the co-accused Santosh Kumar Yadav alias Bhodu, having similar role as of the applicant has been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.24563 of 2025 as well as considering the nature of allegation 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. Accordingly, the present application is allowed. 8. Let the applicant- Ram Dular Yadav, 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. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. BAIL No. 29746 of 2025 2 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. 11. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 12. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 13. 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. 14. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode 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 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. October 1, 2026 S.C. BAIL No. 29746 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad