Neutral Citation No. - 2025:AHC-LKO:28968 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4223 of 2025 Applicant :- Tamir Ahmad @ Siblu Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Karunesh Singh,Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vijay Pratap Singh, learned counsel for the applicant, Sri Diwakar Singh, 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. 38 of 2025, under Sections 191(3)/115(2)/105/351(3) B.N.S., registered at Police Station Kotwali Bikapur, District Ayodhya (Faizabad). 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.02.2025 at 20.28 Hrs. against the accused persons namely (i) Anand Yadav, (ii) Ashish Upadhyay, (iii) Avnish Upadhyay, and (iv) two other persons stating that while the informant's son was returning after attending a function along with Sulabh Tiwari and Suraj Pandey, the accused persons assaulted him at about 9.00 p.m. on 20.02.2025 with bricks, stones and sticks and they left her only when they felt that the victim had died. The victim was taken to Darshan Nagar Medical College, where he was lying unconscious. The victim died on 25.02.2025. 4. In the statement of the informant recorded under Section 180 BNSS he reiterated the F.I.R. version. 5. Sulabh Tiwari and Suraj Pandey, who are said to be accompanying the deceased as per the F.I.R. version, also reiterated the F.I.R. version in their statements recorded under Section 180 BNSS, but they stated that Anand Yadav, Ashish Upadhyay, Avnish Upadhyay, Vivek Kori, Tamir Ahmad (the applicant) and some other accomplices had assaulted Raghvendra Tiwari. When the persons accompanying Raghvendra Tiwari raised a hue and cry the accused persons ran away. 6. Another eye witness Abhishek Tiwari named eight persons, including the applicant who had given effect to the incident. This witness further stated that the deceased had suffered a serious injury on his head, he was taken to CHC, Bikapur and the doctor had referred him to higher center but Raghvendra Tiwari did not follow the advice of the doctor and came back home. When his condition deteriorated in the night he was again taken to the hospital from where he was referred to Darshan Nagar Medical College, but he fell unconscious at the time of referral and he died during treatment in Darshan Nagar Medical College on 25.02.2025. 7. The postmortem examination report mentions stitches over scalp and on right side of forehead, scab of size 3cmX1.5cm over left side of forehead, a part of tempral bone was missing and loosening of epidermis over left buttock. The cause of death has been opined to be cardiogenic shock as a result of ante mortem myocardial infarction. 8. 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. 9. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation is still continuing. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although two persons were accompanying the deceased at the time of the incident and they had witnessed the incident, in the F.I.R. lodged after about 48 hours since the incident the applicant was not named; that the applicant has been implicated in the subsequent statements of the witnesses, who were accompanying the victim at the time of incident; that some other witnesses have claimed involvement of eight persons in causing the incident and they have state that although the victim had been referred to a higher center he had come back home from CHC and he was taken to the Medical College only after his condition had deteriorated; that the postmortem examination report mentions the cause of death as cardiogenic shock as a result of ante mortem myocardial infarction, which in common parlance is referred to as heart attack; that the applicant has no previous criminal history and he is languishing in jail since 02.03.2025 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Tamir Ahmad @ Siblu 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 :- 16.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench