Neutral Citation No. - 2025:AHC-LKO:26504 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3833 of 2025 Applicant :- Suneel Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A.,Rajat Raj Narayan Bajpai Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rajat Pratap Singh, learned counsel for the applicant, Shri Alok Kumar Tiwari, learned A.G.A. for the State and Shri Rajat Pratap Singh Narain Bajpai, the learned counsel for the informant. 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 Mukesh and Sonu. 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 he 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 innocent, he has no criminal history and he has been falsely implicated in the present case. 5. The postmortem report 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 have also suffered injuries in the incident and copies of their injury reports have been annexed with the bail application. 7. It has further been stated that two co-accused persons- Hari Singh and Ahibaran Yadav have already been enlarged on bail by this Court by means of an orders dated 22.04.2025 and 25.04.2025 passed in Criminal Misc. Bail Application Nos.3379 of 2025 & 3504 of 2025 respectively. Two other co-accused person have also been granted bail by means of an order dated 02.05.2025 passed by this Court in Crl. Misc. Bail Application No.3740 of 2025. 8. The learned A.G.A. and 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 should not be released on bail. 10. 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 received injuries in the incident and the FIR does not make any mention of the injuries sustained by the persons from the applicants' side; that the deceased has suffered a solitary injury on his head and that injury is not attributed to the applicant; that three co-accused persons have already been enlarged on bail; that the applicant has no criminal history and they are 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Suneel Kumar 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 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. . [Subhash Vidyarthi, J.] Order Date :- 6.5.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench