Neutral Citation No. - 2025:AHC-LKO:15766 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9070 of 2024 Applicant :- Parsuram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home . Lko. Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A.,Shubham Kumar Tripathi Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vivek Shukla, holding brief of Sri O.P. Tiwari, the learned counsel counsel for the applicant and Sri Anant Pratap Singh, the learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 127 of 2024, under Sections 191(2), 115(2), 352, 103(1) B.N.S., Police Statioin Sohramau, District Unnao. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 02.07.2024 at 12:45 hours against five persons, including the applicant, stating that the applicant started abusing the informant's wife at about 06:00 a.m. on 02.07.2024 and he started beating her with lathi. When the informant and his brother Om Prakash came forward to save her, they were also beaten up. He stated that thereafter all the accused persons had assaulted the informant's wife with sticks with intention to kill her. The informant's wife got injured and fell unconscious. She was taken to a hospital in an unconscious condition and she died in the incident. 4. The inquest report mentions that the information of the incident was given in the police station at 8.50 Hrs. and the inquest was carried out in CHC Nawabganj. The postmortem examination report mentions lacerated wounds on right side of face, right mid arm, traumatic swelling on right mid forearm and contused swelling on right side of chest with abdomen with underlying bone fracture. The cause of death has been opined to be shock and haemorrhage due to ante mortem injuries. 5. 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 and he has no criminal history. 6. The learned counsel for the applicant has submitted that two co-accused persons Raj Kumari and Ruby have been granted bail by means of orders dated 14.08.2024 and 23.08.2024, passed by this court in Criminal Misc. Bail Application Nos. 8716 of 2024 and 9003 of 2024 respectively. 7. The learned counsel for the applicant has filed a supplementary affidavit annexing therewith copies of statements of five prosecution witnesses recorded by the trial court. He has submitted that in the initial statement recorded under Section 161 Cr.P.C., the injured witness Om Prakash had stated that all the accused persons had beaten up the victim with sticks. She fell unconscious due to the injuries suffered by her. She was made to lay down on the roadside and ambulance was being awaited while the accused persons came in a maruti van which was being driven by co-accused Abhishek and they ran the vehicle over the victim. A similar statement was given by the informant while recording his additional statement. 8. The learned counsel for the applicant has submitted that the allegation of the victim having been run over by a vehicle has been retracted in the statements of the informant and the witness Om Prakash recorded by the learned trial court. 9. All the witnesses have stated that the accused persons had assaulted the victim with sticks. Even if the Investigating Officer had recorded that the informant and the witness Om Prakash had stated that besides having been assaulted by sticks, the victim was also run over by a vehicle, which statement has not been given by the prosecution witness before the trial court, the statement given on oath before the trial court will have precedence. 10. Without making any observation which may affect the outcome of the trial, this Court is of the considered view that the aforesaid facts of the case do not warrant exercise of jurisdiction of this Court by enlarging the applicant on bail. 11. So far as the ground of parity is concerned, both the co- accused persons who have been granted bail are ladies and this fact has weighed with the court while deciding their bail applications. Therefore, the applicant is not entitled to be released on bail even on the ground of parity. 12. Accordingly, the bail application is rejected. . [Subhash Vidyarthi, J.] Order Date :- 18.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench