Neutral Citation No. - 2025:AHC-LKO:27951 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2899 of 2025 Applicant :- Ramadhar Opposite Party :- State Of U.P. Thru Prin. Secy. Home Lko. Counsel for Applicant :- Rajat Pratap Singh,Rahul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Mohd. Abraham Khan, Advocate holding brief of Shri Rajat Pratap Singh, the learned counsel for the applicant and Ms. Nikita Mishra, the learned AGA for the State. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No.0434 of 2024, under Sections 105, 238B and 115(2) B.N.S. registered at Police Station Kachhauna, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.12.2024 against three persons, Dheeru, Deepu and Ramadhar (the applicant), stating that the accused persons came in an inebriated condition and assaulted informant's brother-in-law due to which he fell unconscious. He was taken to the hospital from where he was referred to Lucknow 4. In the affidavit filed in support of the 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. 5. The State has filed its counter affidavit annexing therewith the materials collected during investigation and a copy of the charge-sheet dated 31.01.2025. 6. A copy of the postmortem examination report has been annexed with the bail application, which mentions a solitary injury on the dead-body i.e. contusion on top and left side of the head. The cause of death has been opined to be coma due to antemortem head injury. 7. The informant and the alleged eye-witness have reiterated the FIR version and both of them have stated that the three accused persons had assaulted the deceased while they were in an inebriated condition. 8. Two co-accused persons, namely, Dheeru and Deepu have already been granted bail by means of an order dated 05.05.2025 passed by this Court in Crl. Misc. Bail Application No.2158 of 2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the prosecution case three accused persons had assaulted the victim and the victim had suffered a solitary injury; that none of the witnesses has assigned causing of a particular injury to any of the accused persons; that no motive for commission of the offence has been assigned in statement of any witness and only this much has been stated that a sudden altercation had taken place while the accused persons were in an inebriated condition; that the applicant has no previous criminal history and he is languishing in jail since 31.12.2024, whereas the investigation already stands concluded and two other co-accused persons have already been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicants on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicants- Ramadhar be released on bail in the aforesaid case on each of them 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 applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court, unless their appearance is exempted by the learned trial court. . [Subhash Vidyarthi, J.] Order Date :- 12.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench