Neutral Citation No. - 2025:AHC-LKO:22276 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3298 of 2025 Applicant :- Sajid Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajendra Singh Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rajendra Singh Kushwaha, learned counsel for the applicant, Sri Ravi Srivastava, learned Additional Government Advocate 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.028 of 2025, under Sections 115(2), 105 and 352 B.N.S., registered at Police Station Phool Behar, District Lakhimpur Kheri. 3. Initially a Non- cognizable Report was given on 17.01.2025, stating that the accused persons had beaten up the informant with kicks and fists. The victim was medically examined on 17.01.2025 and the injury report mentions complain of pain over the chest, lower leg and chin and a small contusions was present over right lower leg. The injuries were opined to be simple in nature caused about two days ago with some hard and blunt objects. 4. The victim died on 19.01.2025 at about 23.40 hours at his home and thereafter the post mortem examination was conducted, which mentions that a contusion of size 10 cm x 6 cm present over left side of head and a contusion of size 25 cm x 20 cm present over front of chest and cause of death has been opined to be coma as a result of antemortem head injury. Thereafter, the present F.I.R. was lodged on the basis of Non- cognizable Report given by the victim himself. 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. Co-accused- Mehatab has already been enlarged on bail by means of order dated 07.04.2025 passed by this Court in Criminal Misc. Bail Application No.2922 of 2025. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and on the basis of instructions he has submitted that the allegations have been established during investigation and the chargesheet has been submitted on 15.02.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 15.01.2025; the information of the incident was given to the police by the victim himself on 17.01.2025 whereupon his medical examination was conducted and besides complaint of pain over chest, lower leg and chin and a small contusion over right lower leg, no other injuries were reported; all the injuries were opined as simple in nature and the victim died at his residence in the night of 19.01.2025 and the postmortem examination report mentions that two large contusions over the left side of head and front of chest which were not mentioned in the injury report prepared on 17.01.2025, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 23.01.2025, whereas the investigation already stands concluded; co-accused- Mehatab has already been enlarged on bail 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- Sajid 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 :- 21.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench