Reserved Neutral Citation No. - 2025:AHC:21166 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25402 of 2024 Applicant :- Mahendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sarvesh Counsel for Opposite Party :- Devendra Kumar Misra,G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material brought on record. 2. The present bail application has been filed by the applicant in Case Crime No. 295 of 2023, under Sections - 147, 302, 342, 34 I.P.C., Police Station - Ghatampur, District - Kanpur Nagar, with the prayer to enlarge the applicant on bail. 3. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The first information report was lodged against applicant and co-accused persons, namely, Ankit, Mahendra Singh and Yaduvendra Singh alias Beeru, alleging that on 16.06.2023 at 10:00 PM they have assaulted the son of informant and after incident deceased Rahul was taken to C.H.C., Ghatampur by police vehicle number 112, where he was declared dead. Learned counsel submitted that from the first information report, it appears that informant is not an eye witness of the alleged incident. The inquest report was prepared on 17.06.2023 but first informant is not the witness of inquest report. Initially, information to the police was given by 'chowkidar' of C.H.C. Ghatampur on 17.06.2023 at 02:53 AM and first information report was lodged on 17.06.2023 at 08:06 PM and as per prosecution version incident took place on the night of 16.06.2023 at 10:00 PM, which clearly shows that at the time of preparation of inquest report, the first information report was not in existence. The postmortem on dead body of deceased was conducted on 17.06.2023 at 02:00 PM. These facts indicate that informant was not an eye witness of the incident. Further, during investigation, one of the named accused, namely, Yaduvendra Singh alias Beeru have been exonerated. The facts of the case shows that it is a case of false implication of the applicant and no one has witnessed the incident. Applicant has no motive or intention to commit the incident in question. It is further submitted that deceased was habitual of drinking liquor and in postmortem report also the existence of alcohol has been found and it appears that some incident of 'marpeet' has taken place with deceased by some unknown person. There is no independent witness of the alleged incident. Lastly, it was submitted that applicant is languishing in jail since 11.07.2023, having no criminal history, and that in case applicant is enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and submitted that applicant is named in the first information report. Independent eye witness Phool Singh and Dharm Singh have clearly stated that on the night of 16.06.2023 at about 09:00 PM, applicant and co-accused Mahendra Singh and Ankit have assaulted the deceased and that police was informed and after incident deceased was taken to hospital by police vehicle and in the morning they came to know that deceased has died. The postmortem report of deceased shows that deceased has sustained as many as twelve injuries on his body. It was stated that bail application of similarly placed co-accused Bhoopendra Veer @ Lalu has already been rejected by this Court. 5. Considering the submission of learned counsel for the parties, nature of accusation and the fact that bail application of similarly placed co-accused Bhoopendra Veer @ Lalu has already been rejected by this Court, without expressing any opinion on merits, no case of bail is made out. 6. Accordingly, the bail application filed on behalf of applicant Mahendra Singh is hereby rejected. Order Date :- 14.2.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad