SAURABHversusSTATE OF U.P.

          HIGH COURT OF JUDICATURE AT ALLAHABAD
        CRIMINAL MISC. BAIL APPLICATION No. - 9040 of 2026

Saurabh
                                                     .....Applicant(s)
                               Versus

State of U.P.
                                                        .....Opposite
                                                              Party(s)

Counsel for Applicant(s)     : Chandra     Bhushan     Prasad,
                               Himanshu Srivastava
Counsel for Opposite Party(s): Manish Kumar Pathak, G.A.

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
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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.
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                                    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
                                                                                      (Raj Beer Singh,J.)




Digitally signed by :-
SHOBHIT RAWAT
High Court of Judicature at Allahabad