HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9040 of 2026 Court No. - 89 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A for the State and perused the record. 2. The present second bail application has been filed by the applicant in Session Trial No. 1313 of 2024, arising out of Case Crime No. 24 of 2024, under Sections - 147, 148, 149, 302, 307, 323, 325, 504, 34 I.P.C., Police Station - Kotwali Nagar, District - Muzaffarnagar, with the prayer to enlarge the applicant on bail. 3. Learned counsel for applicant submitted that applicant is innocent and he has been falsely implicated in this case. The first information report was lodged against seven accused persons, including applicant, and only general role of assault was assigned to all the accused persons. Learned counsel has referred post- mortem report of deceased and pointed out that two injuries have been shown on the person of deceased. One is punctured wound at abdomen and another is contusion at forehead. Referring to statement of eye witnesses recorded under Section - 161 Cr.P.C., it was submitted that role of causing punctured wound by a spear Versus Counsel for Applicant(s) : Chandra Bhushan Prasad, Himanshu Srivastava Counsel for Opposite Party(s): Manish Kumar Pathak, G.A. Saurabh .....Applicant(s) State of U.P. .....Opposite Party(s) has been assigned to co-accused Sonu. Applicant and co-accused were assigned role of assaulting deceased and injured persons with 'lathi'. Only one 'lathi' injury has been shown on the person of deceased, which is simple in nature. It was submitted that as per prosecution version, the fatal injury sustained by deceased has been attributed to co-accused Sonu and no specific role has been assigned to the applicant. Applicant is in jail since 16.01.2024. 4. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 18.11.2024. All the material witnesses have already been examined before the trial Court and thus, there is no possibility of tampering with evidence. Similarly placed co-accused Veer Singh and Jagdish have already been granted bail by this Court. Applicant has already undergone custody of more than two and a half years. Lastly, it was submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial. 5. Learned A.G.A. and learned counsel for the informant have opposed the prayer of bail and submitted that there are serious allegations against applicant. The trial of the case is at final stage. However, it could not be disputed that above referred similarly placed co-accused have already been granted bail. 6. Considering submissions of learned counsel for the parties, role of applicant, period of detention and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for bail is made out. Hence, the present second bail application is hereby allowed. BAIL No. 9040 of 2026 2 7. Let the applicant - Saurabh involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize / intimidate any of the prosecution witness. (iii) The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. (iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant shant in accordance with law. ll not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. September 14, 2026 S Rawat BAIL No. 9040 of 2026 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad