HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8076 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.168 of 2025, under Section 105 BNS, P.S. Risiya, District Bahraich. 3. In the F.I.R. it is alleged that on 06/07-07-2025 while the informant and her grand-parents were sleeping around 03:00 am the son of the informant Naresh intoxicated condition came on the doors and knock the door however, looking to his condition, the husbnad of the informant did not open the door then by jumping the boundary he came with a danda and made assault on the husband of the informant by danda who caught the danda and in his defence caused a blow from danda to Naresh which unfortunately came on the head of Naresh. On the way to the hospital, he died. 4. Learned counsel for the applicant submits that deceased is none other than the son of the applicant and informant is the wife. Due to the drunken condition and conduct of the deceased applicant was forced to take the extreme step to save himself. Incident occurred all of a sudden without any pre-meditation or motive in a spur of moment, there is no time to cool down. Applicant has no criminal history. Applicant is languishing in jail since 24.7.2025. Cause of death is coma due to ante Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Gangaram .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) mortem head injury. 5. Learned A.G.A. has opposed the bail prayer. 6. Perused the record. 7. The deceases suffered following ante mortem injuries:- "Injury No.1, RIGHT EARPINNA LACERATED Injury No.2, LACERATED INJURY 4X1.5CM PRESENT OVER MID OF FRONTOPARIETAL REGION OF SKULL, 5CM ABOVE FROM THE ROOT OF NOSE Injury No.3, INCISED WOUND OF SIZE 1.5CM X 0.5CM X MUSCLE 3 DEEP PRESENT OVER RIGHT SIDE OF FACE 2CM BELOW RIGHT EYE" 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 24.07.2025 having no criminal history, the incident took place all of a sudden due to peculiar circumstance prima facie there appears to be no motive or preparation and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 6. Accordingly, the bail application is allowed. 7. Let the applicant Gangaram be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. BAIL No. 8076 of 2025 2 (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). August 27, 2025 Saurabh Yadav/- BAIL No. 8076 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench