Neutral Citation No. - 2025:AHC-LKO:16322 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2248 of 2025 Applicant :- Vivek Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sudhir Kumar,Sikandar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Mr. Sudhir Kumar, the learned counsel for the applicant and the learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 504/2023, under Sections 304 of IPC, Police Station Sushant Golf City, District Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 21.09.2023 against the applicant and co-accused Prakash Singh and Tiwari, alleging that due to a dispute regarding parking of vehicle, the accused persons have beaten up the informant's nephew at about 9:00 P.M. on 10.09.2023. He was taken to a Doctor for treatment from where he was taken to Hind Hospital, Safedabad, Barabanki, where he died at 5:00 A.M. on 16.09.2023. 4. The post mortem examination report mentions five injuries on the dead body but the Doctor has opined that the injuries were not sufficient to cause death. The cause of death could not be ascertained and viscera has been preserved for medical examination. 5. In the affidavit filed in support of the application, it has been stated that the applicant is innocent and has been falsely implicated in the present case and he has no criminal history. 6. Learned counsel for the applicant has also submitted that the co-accused Prakash Kuamr alias Prakash Singh has been released on bail by this court vide order dated 19.03.2025 passed in Criminal Misc. Bail Application No. 12927 of 2024. 7. The State has filed a counter affidavit annexing therewith copies of the material collected during investigation and a copy of the charge sheet dated 20.12.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 10.09.2023 due to a dispute regarding parking of some vehicles; the victim died during treatment in a hospital on 16.09.2023 and the Doctor has categorically opined that the injuries caused to the victim were not sufficient to cause death and the cause of death could not be ascertained and that the FIR has been lodged on 21.09.2023, coupled with the fact that the investigation stands concluded, the applicant has no criminal history and he is languishing in jail since 13.11.2024 and the co-accused has been released on bail, I am of the view that the applicant is entitled to be released on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Vivek Mishra be released on bail in the aforementioned 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. [Subhash Vidyarthi, J.] Order Date :- 20.3.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench