Ishvar @ Ishvar Lal Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No.:451/2024, U/S: 191(2), 105 BNS, P.S.: Shahabad, District - Hardoi.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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Notice to respondent no. 2 is dispensed with in view of the proposed order.

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Learned counsel for the applicant submits that general allegation of causing injury to the deceased has been levelled against five accused persons, without any specific role attributed to the applicant. The cause of death is not ascertained, and the applicant has no previous criminal history.

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It is further contended that co-accused Rohit and Ratiram, who were assigned similar role, have already been granted anticipatory bail by a coordinate Bench of this Court vide orders dated 22.07.2025 and 18.08.2025 in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No. 852 of 2025 and 928 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused. It is also submitted that the applicant has cooperated with the investigation and undertakes to cooperate during the trial.

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Learned A.G.A., however, opposes the anticipatory bail application,

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NABAIL No. 1146 of 2025

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2

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submitting that the deceased sustained four antemortem injuries. According to eye-witnesses Ajay Sharma and Brij Kishor, the applicant was assigned a danda in his hand. It is further argued that the role of the applicant is distinguishable from that of the co-accused who has been granted bail.

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Considering the bail order of co-accused Rohit and Ratiram, the postmortem report showing four injuries, three on non-vital parts and injury no. 4 not attributed to the applicant, the absence of poison in the viscera report, the cause of death remaining undetermined, the filing of charge sheet, and the applicant's undertaking to cooperate in the trial, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail, in view of the judgment of the Hon?ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the trial.

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In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:-

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(i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence;

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(ii) The applicant shall not travel outside India without prior permission from the Court;

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(iii) The applicant shall not attempt to influence or intimidate any prosecution witness;

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(iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance;

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(v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant;

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Any other reasonable restrictions/conditions which the trial court may deem

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NABAIL No. 1146 of 2025

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3

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fit and proper can be imposed.

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It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

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In view of the aforesaid, the application is allowed .

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(Karunesh Singh Pawar,J.)

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September 2, 2025 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Ishvar @ Ishvar Lal v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Ishvar @ Ishvar Lal v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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