Neutral Citation No. - 2025:AHC:116571 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12462 of 2025 Applicant :- Dinesh Kumar Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Romeshwari Prasad Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Romeshwari Prasad, learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 BNSS. has been moved on behalf of accused-applicant, Dinesh Kumar Maurya, seeking enlargement on bail in Case Crime No. 195 of 2024, under Sections 105, 115 (2), 352, 351 (2), 191 (2), 324 (4), 190 BNS, Police Station Madihan, District Mirzapur. 3. The allegation made in the FIR is that the applicant and other co-accused persons assaulted the father of the first informant by lathi and stick and when the first informant and his brother tried to save their father, they also caused injuries to them. and due to assault made by them, father of the informant died in the hospital during treatment. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 13.10.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that as per the post mortem report two lacerated wounds on his head and his 7th, 8th and 9th ribs were found fractured and cause of death is shock and hemorrhage. Learned counsel for the applicant submits that it is a case of sudden quarrel and common role has been assigned to 3 accused persons including the applicant and in the said incident, the father of the first informant, informant and his brother have sustained injuries and due to which the father of the informant died in hospital during treatment. As per the allegation applicant and two others made assault upon him, it reflects that none of the accused persons repeated the blow and therefore, present case does not travel beyond section 105 (2) BNS and it cannot be said that applicant and other accused persons were having intention to cause his death. It is submitted that after completion of investigation investigating officer has submitted charge sheet against the applicant and other accused persons on 22.11.2024. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Dinesh Kumar Maurya, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 17.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad