Neutral Citation No. - 2025:AHC-LKO:28897 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4229 of 2025 Applicant :- Rajesh Nishad Opposite Party :- State Of U.P. Thru.Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Nishad,Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Manoj Kumar Nishad, learned counsel for the applicant, Ms. Nikita Mishra, learned A.G.A appearing on behalf of the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 293 of 2024 under Sections 105, 352 B.N.S., registered at Police Station- Bhiti District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.10.2024, stating that while the informant's father-in-law was getting a tap prepared, the applicant came there, started abusing him and when the informant's father-in- law objected, the applicant slapped him due to which the informant's father-in-law fell down and he died after some time. 5. The post mortem examination report of the deceased mentions herniation in scrotal sac, massive intra parenchymal hematoma and internal bleeding in the brain and the cause of death has been opined to be hemorrhage and shock due to ante mortem intra parenchymal bleeding in brain. 6. The informant has been examined by the trial court and she has been declared to be hostile. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 60 years old innocent person, having no criminal history and he has been falsely implicated in the present case. 8. The learned A.G.A has opposed the bail application and she has submitted that although the informant has turned hostile, another eye-witness has been examined by the trial court and he has supported the prosecution case. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the only allegation against the applicant is having slapped the victim due to which he fallen down, suffered brain injury and died; the informant has turned hostile before the court and the other eye-witnesses has been examined and in case of the release of the applicant he will not be in a position to influence the witnesses and that the applicant is a 60 years old person having no criminal history and is languishing in jail since 23.10.2024 , 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- Rajesh Nishad 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. Order Date :- 16.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench