Neutral Citation No. - 2025:AHC-LKO:23759 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3504 of 2025 Applicant :- Ahibaran Yadav Opposite Party :- State Of U.P. Thru. Principal Secy. Home Lko. Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rajat Pratap Singh, learned counsel for the applicant, Shri Ashok Srivastava, learned A.G.A. for the State, as well as Shri Pawan Kumar Pandey, Advocate, who has put in appearance and filed his Vakalatnama on behalf of the informant, and perused the records. The Vakalatnama is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0050 of 2025, under Sections 191(2), 105, 115(2), 352 and 351(3) of B.N.S. registered at Police Station- Pachdevra, District- Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.03.2025 at about 02:49 hours against eight persons, including the applicant, stating that the informant's son aged 27 years had gone for Holi Celebration outside the village alongwith one Mukesh and Sonu where all the accused persons abused and beat them up with sticks causing serious injuries to the informant's son Manoj, Mukesh and Sonu. All three of them were taken to the District Hospital from where Mukesh was referred to Lucknow and Mukesh died during treatment in the night of 14.03.2025. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 65 years old man having no criminal history and he has been falsely implicated in the present case. 5. A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of postmortem report which mentions a solitary injury being a contusion of size 9 cm X 7 cm on right side of head, haematoma was present all over the brain and the cause of death has been opined to be coma due to antemortem head injury. Sonu has suffered an abraded contusion on right forearm and Manoj had suffered a lacerated wound on top of skull, an abrasion on left side of face, a contusion on right side of back and complaint of pain on right foot. The injury No.1 was kept under observation and all the other injuries were reported to be simple in nature. 6. It has further been stated that four accused persons, including the applicant and his wife, have also suffered injuries in the incident and copies of their injury reports has been annexed with the bail application. 7. It has further been stated that co-accused- Hariram has already been enlarged on bail by this Court by means of an order dated 22.04.2025 passed in Criminal Misc. Bail Application No.3379 of 2025. 8. Learned A.G.A. as well as the learned counsel for the informant have vehemently opposed the bail application and they have submitted that the applicant is guilty of committing a heinous offence, the investigation is still pending and, therefore, the applicant could not be released on bail. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR has been lodged against eight persons, four of them, including the applicant, received injuries in the incident and the FIR does not make any mention of the injuries sustained by the persons from the applicant's side; that the applicant and his wife have also received injuries in the incident; that the deceased has suffered a solitary injury on his head and that injury is not attributed to the applicant; that co-accused- Hariram has already been enlarged on bail; that the applicant is an 65 years old person having no criminal history and he is languishing in jail since 15.03.2025, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Ahibaran Yadav 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 :- 25.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench