Neutral Citation No. - 2025:AHC:74544 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4803 of 2025 Applicant :- Shiv Bodhan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Abrar Khan Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Mohd. Abrar Khan, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Shiv Bodhan, seeking enlargement on bail during trial in connection with Case Crime No. 144 of 2024, under Sections 191(2), 191(3) & 105 B.N.S., Police Station Dhata, District Fatehpur. 4. The first information report of the present matter was lodged on 01.10.2024 by Brijendra Chaudhary against the applicant and 04 other persons alleging therein that the accused persons of his village have forcibly occupied his garden and every year used to cut the drain of the garden. He stopped them from doing it on which on 30.09.2024 at about 5 pm they assaulted his father with lathi, danda and bricks. His father was examined on 30.09.2024 at the Primary Health Centre where the police had taken him after which a settlement was arrived between them. On 01.10.2024 at about 3 am his father died. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that general & omnibus allegations have been levelled against the applicant and 04 other co-accused persons. It is submitted that the deceased Bhairo Prasad Chaudhary was medically examined on 30.09.2024 at 7.40 pm by the Medical Officer, CHC Dhata, Fathehpur and was found to have received four lacerated wounds and one abrasion amongst which the injury nos. 1, 2, 3 and 5 were opined to be simple in nature caused by hard & blunt object. It is submitted that in so far as injury no.4 is concerned, there was no opinion given by the doctor for it. It is submitted that subsequently the said injured died and his postmortem examination was conducted on 01.10.2024 wherein five injuries were found on his person. The cause of death was opined as coma as a result of antemortem head injuries. It is submitted that the author of the injury on the head is not specified in the first information report. It is submitted that there is no recovery from the possession or pointing out of the applicant but the police in collusion with the son of the deceased has planted a lathi and a brick as the recovered articles. The applicant has no criminal history as stated in para 24. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that Mool Chandra Mishra and Rajendra Kumar Vishwakarma are the two eye-witnesses of the incident who have stated that co-accused Meera assaulted the deceased Bhairo with lathi on his head after which the applicant assaulted him with a brick. It is submitted that the cause of death of the deceased was because of head injury. It is submitted that the role of assault on the head is assigned to the applicant along with co-accused Meera. It is submitted that the postmortem examination report has found that Scalp on dissection had haematoma present on left parietal and right side occipital region and there was clotted blood present. It is further submitted that 4th, 5th & 6th ribs of the deceased on the left side were found to be fractured as per the postmortem examination report. It is submitted that as such the applicant has been assigned specific role of assault on the deceased by the eye-witnesses. It is submitted that the prayer for bail be rejected. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report. There is an allegation of assault upon the deceased by all the accused persons. Subsequently two eye-witnesses have stated of assault upon the deceased on his head by Meera with a lathi and the applicant with a brick. The deceased has received injuries on his head which were the cause of death. No ground for bail is made out. 8. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 9. Pending application (s), if any, shall stand disposed of. Order Date :- 8.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad