Neutral Citation No. - 2025:AHC-LKO:42631 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6617 of 2025 Applicant :- Jabir Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Iqbal Ali Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Iqbal Ali, learned counsel for the applicant and Dr. Surendar Singh, learned AGA for the State. 2. By means of this application, the applicant, who is involved in Case Crime No. 041 of 2025, under section 105 of the B.N.S., Police Station Kotwali Nagar, District- Sitapur is seeking enlargement on bail during the trial. 3. Brief facts of the present case are that an FIR dated 12.02.2025 has been lodged by the complainant under sections 105 of B.N.S. alleging therein that from the villagers, the informant came to know that his grandson was taken to the Police Station while beating him. He reached the Police Station and he received an information that his grandson had been sent to the hospital for medical treatment. Upon his arrival at the hospital, he was informed that his grandson had passed away in the meantime. The complainant has firm belief that his grandson died due to badly beaten by one Mohd. Shakeel alongwith some unknown persons. 4. Learned counsel for the applicant has submitted the applicant is not named in the FIR and his name has cropped up for the first time at the time of preparation of inquest report in the statement of informant who had stated that he has heard that the applicant has also involved in beating his grandson. Learned counsel for the applicant has further submitted that similarly placed co-accused, Jiyauddin has been granted bail by this court in Criminal Misc. Bail Application No. 6209 of 2025 vide order dated 08.07.2025. 5. It is further submitted that except the statement of informant, there is no any other material/evidence found against the applicant during the investigation by the Police. It is merely on the basis of hearsay the name of applicant was taken by the informant and the charge sheet has been filed against him. 6. It is further submitted that the Section 105 of B.N.S. is not attracted against the applicant for the reasons that there is no direct evidence against him and if a person is beaten with an intention to cause death or with a knowledge that the bodily injury is likely to cause death whereas as per the injury report, the seven injuries are mentioned therein, which are simple in nature and not on any of the vital parts of the body, which may cause death. 7. It is further submitted that the applicant has no criminal history and he is languishing in jail since 08.03.2025. 8. Learned Additional Government Advocate has vehemently opposed the prayer for bail of the present applicant but could not dispute the aforesaid contentions of learned counsel for the applicant. 9. Having heard learned counsel for the parties and having perused the material available on record, it is found, prima- facie, that name of the applicant has cropped up for the first time in the statement of informant that too on the basis of hearsay otherwise, similarly placed co-accused, Jiyauddin has been granted bail by this court in Criminal Misc. Bail Application No. 6209 of 2025 vide order dated 08.07.2025, it is not disputed by the learned AGA that excpet that no evidence has been found against the applicant thus, prima-facie, it is a fit case in which the applicant may be enlarged on bail. 10. Accordingly, the instant bail application is allowed. 11. Let the applicant Jabir be released on bail in the aforesaid case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with 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, unless his appearance is exempted by the learned trial court. Order Date :- 24.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench