Neutral Citation No. - 2025:AHC-LKO:20381 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11314 of 2024 Applicant :- Dharm Raj Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko Counsel for Applicant :- Rudra Mani Shukla,Ramakar Shukla Counsel for Opposite Party :- G.A.,Vyas Narayan Shukla Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ramakar Shukla, the learned counsel for the applicant, Shri Ravi Srivastava, the learned A.G.A. for the State and Shri Ankur Srivastava, Advocate holding brief of Sri Vyas Narayan Shukla, the learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 235 of 2024 under Sections 115(2), 352, 109, 103, 3(5) B.N.S. (Now 321, 504, 307, 302, 34 IPC) registered at Police Station Gauriganj, District Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.08.2024 against three persons, including the applicant and his daughter besides an unknown person, alleging that the informant's son aged about 35 years used to work as truck driver. Upon making enquiries, the informant came to know that his son was in a relationship with the applicant's daughter- co-accused Leelawati. Leelawati had called the informant's son on 01.08.2024 and thereafter, the informant's son was beaten up by the applicant, other family members of Leelawati and his relatives and neighbors at about 10:30 PM by sticks, iron rods, kicks and fists due to which the informant's son fell unconscious and was being treated in Trauma Centre, Lucknow. The victim died on 06.08.2024. The postmortem examination report mentions six injuries and the cause of death has been opined to be ante-mortem head injury. 4. In the affidavit filed in support of the application, it has been stated that the applicant is innocent, he has no criminal history and he is languishing in jail since 03.08.2024. 5. The State has filed a counter affidavit annexing therewith copies of statements recorded during investigation and a copy of charge-sheet submitted on 30.09.2024. The person who had first seen the victim and had given information by dialing on No.112, stated that he had seen the victim lying in a field. He further stated that later on he came to know that the applicant had assaulted the victim. No person examined by the Investigating Officer had seen the incident. 6. It has also been submitted on behalf of the applicant that the co-accused persons Leelawati and Bhagauti Prasad have been granted bail by means of an orders dated 13.01.2025 and 17.03.2025 passed by this Court in Crl. Misc. Bail Application No.210 of 2025 and 11876 of 2024 respectively. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the there is no eye- witness of the incident; that although Kuldip Pal who had given initial information of the incident stated that he had seen the victim lying in the field and later on he came to know about the involvement of the applicant in commission of offence. He did disclose the source of information that the applicant was involved in commission of the offence; that the investigation already stands completed and the charge-sheet has been submitted on 30.09.2024 and that the applicant is languishing in jail since 03.08.2024 whereas co-accused Leelawati and Bhagauti Prasad have already been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Dharm Raj be released on bail in the aforementioned 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 :- 10.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench