Neutral Citation No. - 2025:AHC-LKO:18478 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12933 of 2024 Applicant :- Haribhan Yadav@ Pappu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A.,Dr. Pooja Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Sri O. P. Tiwari, learned counsel for the applicant, Sri Ravi Srivastava, learned A.G.A. for the State and Smt. Pooja Singh. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 199 of 2024, under Sections 103(1) BNS, registered at Police Station- Asiwan, District- Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.07.2024 against the applicant and his wife, two sons, a daughter and son-in-law stating that while the informant's mother aged about 54 years was going to toilet after coming out of her room at about 05:00 a.m., all the accused persons came inside the house by scaling the boundary wall of the house and killed the informant's mother by assaulting her with bricks, stones and other similar things. The informant and his wife ran out hearing the hue and cry and saw all the accused persons assaulting on the face and head of his mother with bricks and stones. When the informant and his family members raised hue and cry, all the accused persons ran away after scaling the boundary wall of the house. When the informant came to the police station to lodge an FIR, the accused person had himself come to the police station and has confessed that he has killed the informant's mother. 4. In the affidavit filed in support of 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 and he is languishing in jail since 01.08.2024. 5. The inquest report mentions that information of death of the informant's mother was given by one Ashwani Kumar son of Krishna Pal at 07:35 a.m. on 31.07.2024 who stated that he had seen the blood-soaked dead body of the mother of the informant lying at the open place in front of the informant's house at about 06.30 a.m. on 31.07.2024. The inquest proceedings were witnesses by informant also besides other family members of the deceased and the witnesses stated that it appears that the deceased was hit with some hard object. The post-mortem examination report mentions lacerated wounds and crushed injuries on the face of the victim. The cause of death has been opined to be shock and hemorrhage due to ante-mortem injuries. In the statement of the informant recorded under Section 180 BNSS, he reiterated the FIR version. The police claimed to have arrested the applicant and recovered the brick from an open place on the pointing of the applicant and the applicant allegedly confessed to have hit the deceased with that brick . 6. The investigating officer has exonerated all the other co- accused persons and a charge-sheet has been submitted only against the applicant on 04.10.2024. 7. The State has filed a counter affidavit annexing therewith copies of the statements recorded during investigation. The applicant's wife allegedly stated that the applicant is a person of loose character and he has himself told his son that he has killed the victim. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place insider the premises of the informant's house on 05:00 a.m. on 31.07.2024; that the dead body of the victim was seen by one Ashwani Kumar outside the informant's house at about 06:30 a.m. and he gave information of the dead body lying outside the house to the police at 07:35 a.m. on 31.07.2024; that in the inquest proceedings which concluded at 10:30 a.m. on 31.07.2024, were witnessed by the informant also who stated that his mother had died due to injuries caused by some hard object; in the FIR lodged at 14:45 hours on 31.07.2024, the informant stated that he and his wife had witnessed all the six accused persons having entered their house by scaling the boundary wall, having killed his mother and thereafter running away again after scaling the boundary wall of the house whereas no such statement was given by the applicant during inquest proceedings; that the applicant is languishing in jail since 01.08.2024 and without making any observation, which may affect the merits of the case, 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- Haribhan Yadav@ Pappu be released on bail in the aforesaid 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 :- 1.4.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench