Neutral Citation No. - 2025:AHC:141403 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22356 of 2025 Applicant :- Ram Pravesh Opposite Party :- State of U.P. Counsel for Applicant :- Sitaram Yadav Counsel for Opposite Party :- Chandra Kumar Rai,G.A.,Girish Kumar Pandey,Tripurari Pal Hon'ble Ashutosh Srivastava,J. Heard Shri Sitaram Yadav, learned counsel for the applicant, Shri C.K.Rai, learned counsel for the first informant and Shri Manoj Kumar Singh, learned A.G.A., for the State and perused the record. The present bail application has been filed by the applicant Ram Pravesh with a prayer to enlarge him on bail in Case Crime No. 31 of 2025, under Sections 3 (5), 110, 105, 115 (2), 352 B.N.S. Police Station-Dhohrigaht, District-Mau, during pendency of trial. Learned counsel for the applicant submits that the applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 17.03.2025. Learned counsel for the applicant further submits that First Information Report was lodged 15.03.2025 with the allegation that on the date of incident all the accused persons armed with Lathi, Danda, and spade have severely beaten her father in law namely Rambhawan, brother in law namely Dharmendra and mother in law namely Subhawati Saroj due to which all of them have sustained several injuries. In the said incident the father in law of the first informant has become unconscious and all the injured were taken to CHC Dohrighat from where all of them were referred to Azamgarh. It is further submitted that on the same day Rambhawan died. In the post mortem report two Antemortem Injuries have been shown; 1. Contusion of 24 cm x 12 cm on right side forehead to occipital including right side parietal region with underlying bone fracture and 2. Lacerated would of size 3 cm x 2 cm present on right side upper face just below right eye, and cause of death has been shown as Coma due to antemortem head injury. Learned counsel for the applicant submits that the injuries sustained by the injured except Rambhawan are simple in nature. Learned counsel for the applicant submits that the eye witness namely Dharmendra Paswan in his statement has said that the applicant has given blow by spade over the head of the deceased but from the post mortem report it is clear that no injury of spade is over the head of the deceased. Dharmendra Paswan has further stated that when the deceased was fallen on the earth the co-accused namely Rinki has given blow by Rambha over the deceased. Learned counsel for the applicant further submits that from the statement of the Dharmednra Paswan it appears that the injury sustained by the deceased was caused by the co-accused Rinki and other accused persons. Applicant has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail; hence, bail has been prayed for. Per contra, learned A.G.A. as well as learned counsel for the first informant have has opposed the bail prayer of the applicant but could not dispute the aforesaid facts. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Ram Pravesh, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of 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. 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 :- 19.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad