Neutral Citation No. - 2025:AHC-LKO:16899 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2502 of 2025 Applicant :- Shiv Shankar Vishwakarma Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home ) Govt. Of U.P. Lko. Counsel for Applicant :- Bajrang Bahadur Singh,Hari Om Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Bajrang Bahadur Singh, learned counsel for the applicant, Sri Anant Pratap Singh, learned A.G.A. for the State and Sri Vinod Mishra, 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. 191 of 2024, under Section 103(1), 238 B.N.S., registered at Police Station Sangrampur, District Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.10.2024 stating that the dead body of the informant's father was found in a grove at about 3.00 p.m. on 25.10.2024, regarding which a written intimation has been given to the police by the brother of the deceased and the dead body has been sent for postmortem. It was stated in the F.I.R. that a property dispute was going on between the informant and the family of the applicant and upon making confidential enquiries the informant believed that the applicant had killed his father. A copy of information of the death sent by the husband of the deceased has been annexed with the bail application, wherein it is written that the deceased had gone to graze buffaloes and some wild animal attacked and injured him. Some villagers present nearby saw it and ran to save him and they also saw the animal running away. The injured was taken to C.H.C., Amethi where he was declared dead. Similar statements were given by the witnesses during inquest proceedings and the witnesses included the informant also. 4. The postmortem examination report mentions two incised wounds on the left side of head and behind left ear pinna, an abraded contusion on right leg and an abrasion on left shoulder and the cause of death has been opined to be shock due to ante mortem injuries. 5. Subsequently, the informant told the Investigating Officer that the applicant had told some person that he had done his job and Jairam had died. 6. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. The learned A.G.A. appearing on behalf of the State and the learned counsel for the informant have vehemently opposed the bail application. The learned A.G.A. has submitted that the allegations have been found to be established during investigation and a charge sheet has been submitted on 10.12.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that initially the deceased brother had stated that the informant had been attacked by some wild animal and it has been witnessed by some villagers present nearby; that subsequently the informant stated that on making confidential enquiries he believed that the applicant had killed his father and he also stated that there was old animosity between the parties regarding some property dispute; that although the informant claims that his uncle had heard the applicant telling some person that he had done his job and the deceased was killed, the name of that 'some person' has not been disclosed; that the applicant has no previous criminal history and he is languishing in jail since 27.10.2024 and the investigation already stands concluded 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Shiv Shankar Vishwakarma 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 :- 25.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench