Neutral Citation No. - 2025:AHC-LKO:18504 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2787 of 2025 Applicant :- Vijay Bahadur Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Singh Somvanshi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Arun Singh Somvanshi, learned counsel for the applicant, Sri Diwakar Singh, learned A.G.A. 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. 781 of 2024, under Section 105 B.N.S., registered at Police Station Pihani, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged at 20.37 Hrs. on 07.12.2024 stating that while the informant's brother was sitting in front of his house at about 07.30 p.m. on 06.12.2024 the applicant came there and asked for chilam. When the informant's brother denied the applicant had beaten him causing injury on his body. The incident was witnessed by the informant and his mother besides several neighbors. The injured person was taken for treatment in the morning where he died at about 7.30 p.m. on 07.12.2024. 4. In the statement recorded by the Investigating Officer the informant reiterated the F.I.R. version. In the statement of the informant's mother she stated that the applicant had pushed her son and had hit on his head with a piece of brick and he again hit him with brick. The postmortem examination report of the dead body mentions a solitary injury of contusion measuring 7cmX5cm on back of head and subdural haematoma was present all over the brain. Alcoholic smell was present in stomach. The copy of inquest report has been annexed with the affidavit filed in support of the bail application. All the witnesses to the inquest proceedings stated that the deceased was unwell and he had been brought to hospital for treatment. No person stated that the deceased had been beaten by the applicant. 5. 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. 6. The learned A.G.A. has opposed the prayer for bail and he submitted that the allegations have been established during investigation and a charge sheet has been submitted on 02.01.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the witnesses of inquest proceedings have stated that the deceased was unwell and and he had been taken to the hospital for treatment; that the postmortem examination report mentions a solitary injury which is a contusion on the back of the head and the allegation of repetitive blows are not supported by the findings of the postmortem examination report; even as per the F.I.R. version the applicant had beaten up the deceased merely due to his denial to offer him chilam and no weapon etc. is said to have been used in commission of offence and the deceased appears to have suffered injury in a minor scuffle; that the applicant has no previous criminal history and he is languishing in jail since 09.12.2024 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Vijay Bahadur 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 :- 3.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench