HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9364 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, as well as learned Additional Government Advocate-I for the State, and perused the records. 2. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.01.2025 at 18:31 hours against four persons, including the applicant stating that the informant and his father were irrigating their fields at 9.30 p.m. on 16.01.2025 accused persons asked them to first irrigate their fields. When the informant declined, the accused persons assaulted the informant and his father with sticks and banka; the informant's father was taken to the primary health centre, Bharawan from where he was referred to trauma centre, Lucknow. 3. The informant's father died on 10.02.2025 and his postmortem examination was conduced on 11.02.2025 which mentions an old healed mark of size 5cm x 2cm present on frontal region, frontal bone was found fractured, subdural haematoma was present all over the brain, and cause of death has been opined to be antemortem head injury. It has been further submitted that the applicant is innocent, he has been falsely implicated in the present case, and he has no criminal history. 4. Learned Additional Government Advocate-I has opposed the bail submitting that the witnesses have stated that all the accused persons had beaten up the deceased. Although the informant has stated that he was also Versus Counsel for Applicant(s) : Deepak Shukla, Buddh Sagar Counsel for Opposite Party(s) : G.A. Tinna @ Parmeshwer .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) assaulted by the accused persons with sticks and banka, he has not been medically examined. 5. Learned AGA-I has opposed the bail application. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the informant has stated that he was also assaulted by all the four accused persons, he has not been medically examined; there is nothing on record to substantiate that the informant had been beaten up by the accused persons; the informant has alleged that all the four accused persons had assaulted his father by sticks and banka but his father had suffered a solitary injury on his head; the deceased was a 70 years old person; he died 24 days after the incident during his treatment in a hospital; role of causing the solitary injury has not been assigned to any particular accused person; the applicant is having no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Tinna @ Parmeshwer in Case Crime No.022 of 2025, under Sections 115(2), 352, 351(3), 105 and 110 B.N.S. lodged at Police Station Atrauli, District Hardoi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the BAIL No. 9364 of 2025 2 trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 6, 2025 R.C. BAIL No. 9364 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench