Neutral Citation No. - 2025:AHC-LKO:20190 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3003 of 2025 Applicant :- Bhanu @ Chandrabhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Sushil Pandey,Anjana Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sushil Pandey, learned counsel for the applicant, Shri Anshuman Verma, 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.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 Vishram Pasi, 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 gave similar statements supporting the F.I.R. version. 5. The police came to have recovered a stick from the thatched 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 innocent person having no criminal history and he is languishing in jail since 19.10.2024. 7. Co-accused Vishram Pasi has already been granted bail by means of an order dated 24.03.2025 passed by this Court in Crl. Misc. Bail Application No.2425 of 2025. 8. Learned A.G.A.-I has vehemently opposed the bail application and on the basis of instructions provided to him, he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 16.11.2024. 9. 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 that a co-accused person has already been granted bail 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Bhanu @ Chandrabhan 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 :- 10.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench