Neutral Citation No. - 2025:AHC-LKO:15691 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5960 of 2024 Applicant :- Vinod Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Deptt. Of Home, Govt. U.P. Lko. Counsel for Applicant :- Anuj Kumar Singh,Alok Srivastava,Kailash Nath Mishra,Kunwar Bahadur Singh,Rahul Mishra Counsel for Opposite Party :- G.A.,Pankaj Kumar Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Kailash Nath Mishra, learned counsel for the applicant and Sri Anurag Verma, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 120 of 2024, under Sections 304, 201, 406 IPC, Police Station- Paraspur, District- Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.03.2024 at 22:49 hours against the applicant and his father namely Fakiray Yadav stating that the applicant's father came to the informant's house at about 09:00 a.m. on 23.03.2024 and took his father along with him. The informant's father did not return for the entire day whereupon the family members started looking after him. The informant received a phone call at about 04:00 p.m. from one Surendra Yadav who informed that the dead body of the informant's father was lying at a distance of 700 metres from his house at karbala which was merely 200 metres away from the applicant's house. The informant found the dead body of his father and he found injury on the head of his father. The skin had peeled off from the neck and there were injury marks on the waist. The private part of the deceased had been crushed. The informant alleged that his father had lent Rs.50,000/- to the accused persons and he was demanding refund of the money, thereafter, the accused persons killed him. When the informant asked the accused persons about the incident, they threatened that he would also face the same fate and they asked him to go and cremate the dead body of his father without any delay. 4. The inquest report report prepared on 23.03.2024 mentions that the information of the incident was given at the police station on 23.03.2024 at 20:21 hours by the informant himself wherein he stated that his father had gone to charsadi baazaar at about 09:00 a.m. on 23.03.2024 to deliver milk but he did not come back and upon search, the dead body of his father was found near karbala. The informant stated that his father died due to unknown reasons. 5. The post-mortem examination report mentions a solitary ante-mortem injury to be an abraded contusion over right back side of head and the underlying bone was fractured. The cause of death has been opined to be hemorrhage and shock due to head injury. The post-mortem report further indicates that skin over front of neck, right side of thigh and left elbow had got peeled due to decomposition. 6. The applicant's father-Fakiray Yadav was arrested on 01.04.2024 and in his custodial statement, he stated that he had assaulted on the victim's head with a danda (wooden stick) due to which, the victim fell down. Thereafter, the applicant took him near karbala and left him there. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case, he has no criminal history and he is in jail since 01.04.2024. 8. The State has filed a counter affidavit opposing the bail application. Copies of inquest report, material collected during investigation and a copy of the charge sheet dated 30.05.2024 have been annexed therein. The statement of one Hawaldar recorded by the investigating officer has been annexed with the counter affidavit and Hawaldar has been described in the charge sheet as an eye-witness of the incident. However, a perusal of the statement of Hawaldar indicates that he stated that he came to know from certain persons (who have not been named in the statement) that Fakiray Yadav had taken the deceased with him at about 07:00 a.m. on 23.03.2024, some dispute took place between Sahab Saran and Fakiray Yadav whereupon the applicant exhorted his father and Fakiray Yadav assaulted on the head of the victim with danda (wooden stick). Later on, he came to know that Sahab Saran died. A bare perusal of the statement of Hawaldar shows that he has not witnessed the incident and he has given the statement on the basis of information given by some persons whose name he has not disclosed. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that incident occurred on 23.03.2024 and in the information given to the police on the same day, the informant stated that his father had gone to charsadi baazaar at about 09:00 a.m. on 23.03.2024 to deliver milk but he did not come back and upon search, the dead body of his father was found near karbala whereas in the F.I.R. lodged on 29.03.2024, he alleged that the applicant's father- accused Fakiray Yadav had taken his father from his house at about 09:00 a.m.; that no person has witnessed the incident; that the post-mortem report mentioned a solitary injury and the father of the applicant in his custodial statement has confessed that the injury has been inflicted by him on the head of the victim, 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- Vinod 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 :- 17.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench