Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28894 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4228 of 2025 Applicant :- Parasuram Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko Counsel for Applicant :- Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Raghvendra Singh, the learned counsel for the applicant as well as Ms. Nikita Mishra, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 503 of 2024 , under Sections 105, 238 B.N.S, registered at Police Station Maholi, District Sitapur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 02.10.2024 against three persons- (i) Gulzari, (ii) Indrapal and (iii) Parsu (the applicant), stating that the dead body of the informant's brother Mihilal was found in the sugarcane field of Rampal and upon inquiry, the informant came to know that his brother died due to electrocution from the live wires put by co-accused Gulzari around his field. Indrapal, his son of Gulzari and Paru (the applicant) had put the dead body in the sugarcane field of Rampal. 4. The inquest report mentions that the dead body was found lying in the sugarcane filed of Rampal. 5. The post mortem examination report of the deceased mentions the cause of death to be shock due to electrocution. 6. The police has arrested three named person and in their custodial statements they have confessed their involvement in commission of the offence. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 8. The learned A.G.A has opposed the bail application and she has submitted that all the accused persons have confessed about
their involvement in commission of the offence. She has further stated that some independent witnesses have also stated that they have heard that the applicant was involved in shifting the dead body from the place of occurrence. The allegations against the applicant have been established during investigation and a charge-sheet has been submitted on 04.11.2024. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the dead boy was found in the sugarcane field of Rampal and he has not been made an accused; although informant has stated that upon making inquiries he came to know that the applicant and co- accused Indrapal had shifted the dead body from the field of Gulzari to the Sugarcane filed of Rampal, has not revealed the source of this information and that besides the custodial confessional statements there appears to be no cogent evidence to established involvement of the applicant in commission of the offence; that the applicant is a young man aged 20 years having no criminal history and he is languishing in jail since 02.10.2024 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Parasuram be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 16.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench