Neutral Citation No. - 2025:AHC-LKO:22457 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8544 of 2024 Applicant :- Ram Ladaite Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Avnish Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Avnish Kumar Tiwari, learned counsel for the applicant, Sri Anand Pratap 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.0505 of 2022, under Sections 304, 352, 504 and 506 I.P.C., registered at Police Station Sursa, District Hardoi. 3. This is second application for bail moved on behalf of the applicant. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.10.2022 against four persons, including the applicant, stating that while the informant's wife had gone out of her home to attend the call of nature at 1 a.m. on 26.10.2022, all the accused persons had beaten her up due to old animosity, causing several injuries to her. 5. The postmortem examination report mentions three contusions on forehead, on right side of face and on front of chin. Pus was found in kidney on its dissection. Cause of death could not be ascertained. Viscera was preserved for forensic examination. 6. During investigation, the investigating officer had recorded statement of an eye-witness, who stated that the applicant was having an affair with the informant's wife. This fact had come to light whereupon the family members of the informant had made the applicant wear a garland of shoes and he was made to roam around the entire village in spite of it, they used to meet scarily. He heard some voices in the night of the incident and upon coming out, he saw the applicant and the deceased standing in the lane. The applicant was asking the deceased to go away but she was not going. Upon seeing a torch light, the applicant got infuriated and he had beaten the deceased and caught-hold of her neck and pushed suddenly due to which she fell down and the applicant ran away. Family members of the deceased took her home where her condition deteriorated and she died during treatment. 7. Statements of the informant and the eye witness- Deshraj have been recorded by the trial Court and copies of the same have been annexed with the bail application. In the statement of Deshraj recorded by the trial Court, he gave an altogether a different story and he stated that the informant had called him saying that his wife had gone away and had not come back. He, informant and their another brother Rakesh went out to look for her. They found all the accused persons beating the deceased near a pond. 8. The State has filed its counter affidavit annexing therewith the copies of the material which has already been annexed with the bail application. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid statements of eye- witness- Deshraj and the discrepancies in his two statements coupled with the fact that the statements of informant and eye- witness have already been recorded in case of release of the applicant on bail, he would not be in a position to influence the witnesses, I am of the view that the applicant is entitled to be released on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Ran Ladaite 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 :- 21.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench