Neutral Citation No. - 2025:AHC-LKO:15663 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11876 of 2024 Applicant :- Bhagauti Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. Counsel for Applicant :- J.P. Shukla Counsel for Opposite Party :- G.A.,Vyas Narayan Shukla Hon'ble Subhash Vidyarthi,J. 1. Heard Shri J.P. Shukla, the learned counsel for the applicant, Shri Rajiv Kumar Verma, the learned A.G.A.-I for the State and perused the records. 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 a 75 years old person having 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. No person examined by the Investigating Officer had seen the incident. 6. Co-accused Leelawati had been granted bail by means of an order dated 13.01.2025 passed by this Court in Crl. Misc. Bail Application No.210 of 2025. 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 the applicant is a 75 years old person, 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, against whom the allegation of taking away the victim from his house has been levelled, has 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- Bhagauti Prasad 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. . [Subhash Vidyarthi, J.] Order Date :- 17.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench