HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8901 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel the applicant, learned A.G.A. for the State and perused the record. The present application under Section 439 Cr.P.C./483 B.N.S.S. has been filed by the applicant- Ram Anuj Yadav seeking bail in FIR/Case Crime No. 120 of 2024, under Sections 302, 307, 34 IPC, P.S.- Goshaiganj, District- Faizabad/Ayodhya. In the prosecution case, it is alleged that the named accused persons Anuj Yadav and Deepak Kumar have beaten the informant's brother as well as Rehan badly with lathi-danda while making an allegation of theft. Due to that, the said Rehan died on the spot at 02.00 am at noon. It is further alleged that the accused persons have taken the informant's brother Ashutosh beating him towards the Kishnipur canal and after beating him badly, they have thrown him treating him dead and ran away. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The informant while giving his statement has made an improvement in the prosecution case inasmuch as in the FIR two persons have been named, while in the statement under Section 161 CrPC, three persons have been named by the informant. The injured Ashutosh Singh has also made allegation on three accused persons including the present applicant. It is submitted that the injured Ashutosh Versus Counsel for Applicant(s) : Pramod Kumar, Anubhav Awasthi, Madan Gopal Tripathi, Manoj Kumar Mishra, Saurabh Yadav Counsel for Opposite Party(s) : G.A. Ram Anuj Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) while being examined before the trial court as PW-2 has changed the prosecution story and improbable story has been stated by him that the applicant took him and the deceased Rehan to Kishnipur canal and at the said canal, he threw them. Thereafter, the passers-by called on 108 number. It is further submitted that the applicant has explained the criminal history in the rejoinder affidavit. He is languishing in jail since 20.5.2024. Learned A.G.A. has vehemently opposed the prayer for bail of the applicant and submitted that it is a case wherein one person died and another got injured. The deceased suffered 11 ante-mortem injuries. The injured also suffered 13 ante-mortem injuries, out of which four injuries were referred for X-ray. Thus, it is a heinous offence. Perused the record. According to the post-mortem report, the cause of death is cardiogenic shock as a result of myocardial infarction. The deceased suffered 11 ante- mortem injuries which are as under:- "Ante Mortem Injuries- 1. 0.5cm x 0.5cm contusion over right forearm, 2cm above from right eyebrow. 2. 0.5cm x 0.5cm contusion over 3cm lateral from right eyebrow. 3. Multiple contusion over chest B/L maximum size xxcm x 2cm, minimum size 2cm x 1cm. 4. 6cm x 3cm contusion over right shoulder tip of shoulder to arm. 5. Multiple contusion over abdomen maximum size 5cm x 0.5cm, minimum size 1cm x 1cm. 6. Abraded contusion present over left tip of shoulder with scapula forearm upto left elbow of left arm. 7. 1cm x 1cm abrasion over left forearm.8cm away from elbow. 8. Abraded contusion of 5cm x 2cm over left leg 20cm below from left knee anterior aspect. 9. Multiple abrasion over right leg anterior aspect maximum size 1.5cm x 1cm, minimum size 1cm x 1cm. 10. 1cm x 1cm abrasion of over right wrist posterior aspect. 11. 16cm x 4cm abraded contusion over right arm posterior aspect with BAIL No. 8901 of 2024 2 swelling all contused blue and black colour." Learned AGA has passed on the opinion of the State medico legal expert to whom the post-mortem report was referred for opinion, who has opined that the cause of death is shock due to ante-mortem multiple injuries. The opinion given by Dr. G. Khan, Medico Legal Expert, State Medico Legal Cell is extracted herein below:- "Opinion- Eleven antemortem injuries all over the body of victim noted by autopsy surgeon, although the video shows more expanded brownish red colour of contusion in mid axillary right area. The heart is right full left empty seen in autopsy. In case of myocardial infarction the heart is fuily empty which is not found in autopsy. Along with all antemortem injuries and clotted blood present in the right heart chamber also confirms thrombus that might have been originated from antemortem multiple injuries of victim. So, cause of death is shock due to AM multiple injuries." It is further submitted that likewise, the injured Ashutosh has suffered 13 ante-mortem injuries, out of which injury Nos. 1, 2, 3 and 5 were referred for X-ray wherein fracture has been found. It is submitted that the PW-2 while being enquired by the trial court has identified the applicant as assailant. There are two more eye-witnesses who are yet to be examined before the trial court. To which, learned counsel for the applicant submits that they are not eye- witnesses as they have not seen the incident. On due consideration to the submissions advanced, perusal of the record, the gravity of the offence, the complicity of the applicant and the manner in which the incident has occurred, no case for bail is made out. Accordingly, this bail application is rejected. September 17, 2025 Shravan BAIL No. 8901 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench