Neutral Citation No. - 2025:AHC-LKO:16619 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2425 of 2025 Applicant :- Vishram Pasi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Sushil Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sushil Pandey, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.296 of 2024, under Section 105 B.N.S. registered at Police Station- Sareni, District- Raebareli. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 18.10.2024 against the applicant and one Bhanu, stating that the informant's father had given Rs.1,50,000/- to the accused persons for working in a brick kiln. When the accused persons did not go to work after receiving the money, the informant's father had gone to them to demand a refund of the money whereupon the accused persons abused and beaten him up with sticks at about 8:00 PM on 16.10.2024 and thereafter, they dropped the informant's father back home. When his condition deteriorated, he was taken to the hospital in the morning of 17.10.2024, from where he was referred to the District Hospital but he died in C.H.C., Lalganj. 4. The postmortem examination report mentions a solitary injury suffered by the deceased, which was a contused swelling on right perital region and the cause of death has been opined to be antemortem head injury. The informant and her mother gives similar statement supporting the F.I.R. version. 5. The police came to have recovered a stick from the thrashed roof of a hut in a grove on the joint pointing of the accused persons. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 68 years old innocent person having criminal history and he is languishing in jail since 19.10.2024. 7. Learned A.G.A.-I has vehemently opposed the bail application and on the basis of instructions provided to him, he has informed the applicant's involvement in another case bearing Case Crime No.380 of 2010 under Section 60 of the Excise Act. However, the instructions are silent about the stage of that case. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is no eye- witness of the incident; that the deceased had received a single injury caused by a stick and that the stick has been recovered from an open place on a joint pointing of the two co-accused persons and without making any observations which may affect the outcome of the case, I am of the view that the applicant is entitle to be released on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Vishram Pasi 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 :- 24.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench