Neutral Citation No. - 2025:AHC-LKO:25796 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2158 of 2025 Applicant :- Dheeru And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.c 1. Although the short-term bail application moved on behalf of applicant no. 2 -Deepu is listed today, the same has been put up before the Court along with record of the bail application. 2. The bail application is being heard with the consent of Shri Anshuman Verma, learned Additional Government Advocate. 3. Heard Sri Rajat Pratap Singh, learned counsel for the applicants, Sri Anshuman Verma, learned Additional Government Advocate for the State and perused the records. 4. The instant application has been filed seeking release of the applicants on bail in Case Crime No.0434 of 2024, under Sections 105, 238B and 115(2) B.N.S. registered at Police Station Kachhauna, District Hardoi. 5. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.12.2024 against three persons, Dheeru (applicant no. 1), Deepu (applicant no.2) and Ramadhar, stating that the accused persons came in an inebriated condition and assaulted informant's brother-in- law due to which he fell unconscious. He was taken to the hospital from where he was referred to Lucknow 6. In the affidavit filed in support of the bail application, it has been stated that the applicant no. 1 is aged 19 years and applicant no. 2 is aged 30 years. Both of them are innocent. They have been falsely implicated in the present case and they have no criminal history. 7. The State has filed its counter affidavit annexing therewith the materials collected during investigation and a copy of the charge-sheet dated 31.01.2025. 8. A copy of the postmortem examination report has been annexed with the bail application, which mentions a solitary injury on the dead- body i.e. contusion on top and left side of the head. The cause of death has been opined to be coma due to antemortem head injury. 9. The informant and the alleged eye-witness have reiterated the FIR version and both of them have stated that the three accused persons had assaulted the deceased while they were in an inebriated condition. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the prosecution case three accused persons had assaulted the victim and the victim had suffered a solitary injury; that none of the witnesses has assigned causing of a particular injury to any of the accused persons; that no motive for commission of the offence has been assigned in statement of any witness and only this much has been stated that a sudden altercation had taken place while the accused persons were in an inebriated condition; that the applicants have no previous criminal history and they are languishing in jail since 31.12.2024, whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicants on bail in the aforesaid crime. 11. Accordingly, this bail application stands allowed. 12. Let the applicants- Dheeru and Deepu be released on bail in the aforesaid case on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court, unless their appearance is exempted by the learned trial court. 13. As the bail application of the applicants has been allowed, the short term bail application (I.A./2/25) moved on behalf of the applicant- Deepu has become infructuous and the same is dismissed as such. [Subhash Vidyarthi, J.] Order Date :- 5.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench