Neutral Citation No. - 2025:AHC-LKO:16124 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2272 of 2025 Applicant :- Manendra Dwivedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Sinha,Ram Chandra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Arun Sinha, the learned counsel for the applicant, Sri Anshuman Verma,the learned A.G.A. for the State and Sri Krishna Kumar Singh, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 410 of 2024, under Section 105 B.N.S. (304 I.P.C.), registered at Police Station Sandila, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.12.2024 stating that the informant's husband suffered gun shot injuries due to gun shots fired by the applicant during a wedding on 04.12.2024. He was admitted to Trauma Centre, Lucknow where he died during treatment at 06.00 p.m. on 10.12.2024. The postmortem was conducted on 11.12.2024. The postmortem examination report mentions 7 gun-shot injuries and the cause of death has been opined to be septicemia due to ante mortem firm arm injuries. 4. In the affidavit filed in support of the bail application it has been stated that the applicant is a 71 years old innocent person and he has been falsely implicated in the present case. The applicant's involvement in four other cases has been disclosed in paras 20 to 25 of the affidavit filed in support of the bail application. In one of the cases he was convicted and sentenced to a fine of Rs.2500/- for burning parali and in rest of the three cases the applicant has been acquitted after trial. The copies of statements recorded during investigation have been annexed with the supplementary affidavit filed in support of the bail application. The inquest report was witnessed by Shubham Shukla and Avnish Mishra and three other persons, all of whom stated that the victim had suffered injuries due to fireworks. However, during investigation Shubham Shukla and Avnish Mishra stated that the deceased had suffered gun shot injuries due to shots fired by the applicant with his licensed revolver. 5. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident occurred on 04.12.2024, the victim died on 10.12.2024 and the postmortem of dead body was conducted on 11.12.2024, but the F.I.R. has been lodged on 15.12.2024; that during inquest proceedings witnesses Shubham Shukla and Avnish Mishra had stated that the victim had suffered injuries due to fireworks, whereas in their statements given to the Investigating Officer they stated that the deceased was shot with licensed revolver; that the injuries mentioned in the postmortem examination report prima facie do not appear to have been caused by gun shots fired by a revolver and that the applicant is a 71 years old person and he is languishing in jail since 18.12.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Manendra Dwivedi be released on bail in the aforesaid case on 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 applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 20.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench