Neutral Citation No. - 2025:AHC-LKO:22266 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3290 of 2025 Applicant :- Dharmendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pankaj Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pankaj Gupta, learned counsel for the applicant, Sri Punit Kumar Yadav, learned Counsel 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. 0389 of 2024, under Sections 115(2), 352, 351(3), 105 B.N.S., registered at Police Station Bhagauli, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.12.2024 at 20.33 Hrs. stating that the applicant who is brother of the informant came home at about 2.00 p.m. after consuming liquor and started abusing his father. Upon being opposed the applicant beaten up his father with stick and threatened to kill him. On 07.12.2024 the informant himself gave an application to the S.H.O. stating that after the applicant had beaten up his father, his father was going for attending his duties at Balamau station on a motorcycle at about 3.00 p.m. and the motorcycle got dis-balanced and his father fell down and suffered injuries. He was admitted to City Hospital, Lucknow where he underwent a surgery of head. Thereafter, he was taken to Railway Hospital and then to Nelson Hospital but he did on the way. The Investigating Officer recorded statements of doctors who had treated the deceased, who have stated that the deceased was initially brought to Singh Nursing Hospital, Kacchauna, where first aid was given to him and was referred to a better hospital. He was taken to City Hospital, Lucknow from where he was taken to Northern Railway Hospital. The postmortem examination report mentions that the deceased died because of coma as a result of ante mortem head injury. 4. 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. 5. The learned Counsel appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 13.02.2025. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant as well as the applicant are sons of the deceased; that the informant gave a written information to the police that the deceased had suffered injuries after falling from the motorcycle; that even as per the F.I.R. version the applicant had beaten up his father in inebriated condition after a sudden quarrel and there is no allegation of any premeditation; that the applicant has no previous criminal history and he is languishing in jail since 10.01.2025 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Dharmendra Kumar 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 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench