Neutral Citation No. - 2025:AHC-LKO:15959 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12752 of 2024 Applicant :- Ram Kishun Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Shyamji Dixit,Pramendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Pramendra Kumar, learned counsel for the applicant, Shri Rajiv Kumar Verma, the learned AGA 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. 355 of 2024, under Sections 115(2), 352, 333, 105, 3(5) of BNS, Police Station Laherpur, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.07.2024 at about 13:30 hours against three persons, stating that the accused persons have assaulted the informant at about 05:00 PM on 29.07.2024 with sticks, fists and sticks due to which he got injuries in his head. 4. Prior to it, the victim had been taken to Community Health Centre, Laherpur at 11:20 PM on 29.07.2024 by a Home Guard and the injury report mentions a lacerated wound, bone deep on temporal perital part of the skull and a contused swelling above left eye. 5. The informant was admitted to the District Hospital, Sitapur at 04:00 PM on 30.07.2024 and he died at 04:35 PM on 30.07.2024. The postmortem examination report mentions two injuries- a stitched wound on left side of the skull and an abrasion on back of right shoulder. The cause of death has been opined to be shock and hemorrhage due to antimortem head injury. The Investigating Officer has recorded the statement of son and daughter-in-law of the informant/deceased who stated that the accused persons had beaten the victim. He was taken to Community Health Centre, Laherpur and after treatment, the Doctor returned him home. His condition deteriorated in the morning whereupon he was taken to Community Health Centre, Laherpur from where he was referred to District Hospital, Sitapur. The deceased died during treatment in District Hospital, Sitapur. 6. 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. 7. The State has filed a counter affidavit annexing therewith the material collected during investigation and a copy of the charge-sheet dated 22.10.2024. The statement of the Doctor who conducted the postmortem examination has been recorded in the case diary wherein it is recorded that the Doctor stated that the deceased died as a result of Asphyxia due to antimortem hanging, although the postmortem report mentions the cause of death to be antimortem head injury. The Doctor who had treated the victim in Community Health Centre, Lehrpur on 29.07.2024, stated that the victim had two injuries which were simple in nature. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident occurred on 29.07.2024 at about 05:00 PM and the victim himself has lodged the FIR at about 13:30 hours on 30.05.2024; that the initial injury report prepared by Community Health Centre, Lehrpur on 29.07.2024 mentions both the injuries suffered by the victim to be simple in nature; that the postmortem examination report mentions that the deceased was hospitalized at 04:00 PM on 30.07.2024 and he had died at about 04:35 PM on 30.04.2024 as result of shock and hemorrhage due to antimortem head injury whereas the Investigating Officer has recorded statement of the Doctor in the case diary stating that the deceased died as a result of Asphyxia due to antimortem hanging coupled with the fact that the applicant has no criminal history and he is languishing in jail since 03.08.2024 and the investigation already stands concluded, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Ram Kishun 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 :- 19.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench