HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6899 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Bharat Kumar Dixit, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.35 of 2025, under Section 115(2), 352, 351(3), 117(2), 105 BNS, P.S. Deeh, District Raebareli. 3. In terms of the FIR it was alleged that on 09.02.2025 father of the informant had gone to the market when the accused who are three in number abused him and hit him with fists and lathi, danda etc., which resulted in injuries on left hand and the right hand for which he was undergoing treatment. Subsequently, the victim died on account of the alleged injuries sustained on 11.02.2025. Postmortem report on record indicates the presence of as many as six injuries i.e. fractured ribs, stitched wounds on left forearm, abrasion on the left forearm, stitched wound on the right leg and two stitched wound on the left leg were seen. Cause of death was ascertained as antemortem injuries as noticed above. 4. In the light of the said, it is argued that even in terms of the FIR, allegations of mens rea for committing the death were not included in the FIR. 5. Learned counsel for the informant opposing the bail application argues that the deceased was aged about 65 years and lathi, danda etc., were Versus Counsel for Applicant(s) : Vivek Kumar Tripathi, Sudhir Kumar Misra Counsel for Opposite Party(s) : G.A., Bharat Kumar Dixit Ramji Pathak @ Chandra Shekhar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) recovered from the applicant. It is further argued that one of the witnesses has stated that one of the co-accused had enmity with the deceased. Thus, it is prayed that the bail application may be rejected. 6. Learned AGA has opposed the bail application. 7. Considering the nature of allegations levelled in the FIR and the nature of injuries sustained by the deceased on the leg and arm, the intent required under Section 105 BNSS was apparently missing. As such, the applicant, who is in custody since 11.02.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Ramji Pathak @ Chandra Shekhar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 11, 2025 nishant BAIL No. 6899 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench