Neutral Citation No. - 2025:AHC:131764 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16629 of 2025 Applicant :- Ravi Yadav Alias Abhay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Rakesh Dubey, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State and perused the record. 2. The present bail application has been filed by the applicant in Case Crime No. 31 of 2025, under Sections 191(2), 191(3), 190, 109(1), 103(1), 61(2) of BNS, Police Station Shivrajpur, District Kanpur Nagar, with the prayer to enlarge him on bail. 3. The informant, Geeta Pal lodged first information report, alleging therein that on 01.03.2025, her son Govind Pal had gone to attend a marriage in Bilhaur and at about 10 to 12 in the night, Aadi @ Brijendra, friend of Govind called her son and told him that a quarrel had taken place with his uncle and invited him to settle the matter. Vinay Pal and Deepak Pal accompanied Govind to village Jagatpur where Manoj Yadav along with other accused person surrounded them and opened fire on them and when they tried to escape, they started beating them by rod and sharp edged weapon as a result of which Govind succumbed to his injuries and his friends received grievous injuries. 4. Learned counsel for the applicant argued that applicant is innocent and he has been falsely implicated in this case. It is further submitted that eleven persons have been named as accused and only one fatal injury has been received by the deceased on his head. It is further submitted that the statements of the witnesses recorded do not attribute any specific act which could have caused the death of the deceased. The witnesses have stated in their statement recorded under Section 180 B.N.S.S that all the accused persons assaulted the deceased by lathi and rod. Learned counsel for the applicant has drawn the attention of the Court towards the postmortem report of the deceased in which only one injury of contused swelling of 6cm x 4cm has been shown on the head which is a vital part and rest of the injuries are on non vital parts. It is further submitted that charge sheet has already been submitted. It is further submitted that applicant is not having any criminal history and he is languishing in jail since 10.03.2025. Lastly, it was submitted that in case applicant is granted bail, he shall not misuse the liberty of bail and would co-operate during trial. It is further submitted that on the similar footing the co-accused, Manoj Alias Surendra Pratap Singh has been granted bail by the Court vide order dated 10.06.2025 passed in Criminal Misc. Bail Application No. 16330 of 2025, therefore, the applicant is also entitled to be released on bail. 5. Learned A.G.A. has opposed the prayer of bail and submits that the injured witness Deepak Pal has stated in his statement recorded under Section 180 B.N.S.S. that all the accused persons assaulted the deceased including the applicant. 6. I have considered rival submissions and perused the record. 7. From the record, it reflects that deceased Govind received only one injury of contused swelling of 6cm x 4cm shown on the head which is a vital part and rest of the injuries are on non vital parts. Eye witness Deepak Pal in his statement recorded under Section 180 B.N.S.S. has not attributed any specific role of assault on head of deceased by any of the accused. Eye witness stated that all the accused persons assaulted the deceased by lathi and rod. There is no recovery of any weapon of offence from the possession of the applicant. Charge sheet has already been submitted in this case. 8. In the instant matter, considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 9. Let the applicant, Ravi Yadav Alias Abhay Yadav, involved in aforesaid case crime, be released on bail on furnishing a personal bond of Rs. 1,00,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i). The applicant shall not tamper with the evidence during the trial. (ii). The applicant shall not pressurize / intimidate the prosecution witness. (iii). The applicant shall appear before the Trial Court on the date fixed, unless personal presence is exempted. (iv). 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 10. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 5.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad