Neutral Citation No. - 2025:AHC:141614 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23152 of 2025 Applicant :- Krishna Mohan Alias Jajjuram Opposite Party :- State of U.P. Counsel for Applicant :- Bed Kant Mishra,Deenanath Mishra Counsel for Opposite Party :- Deepak Singh,G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri B.K.Mishra, learned counsel for the applicant, Shri Deepak Singh, learned counsel for the first informant and Shri Arimardan Yadav, learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant Krishna Mohan @ Jaijuram, with a prayer to enlarge him on bail in Case Crime No.236 of 2024, under Sections 147, 148, 149, 302, 452, 34 I.P.C. Police Station-Rasoolabad, District-Kanpur Dehat, during pendency of trial. Learned counsel for the first informant submits that the applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 11.06.2024. He further submits that the first information report was lodged by the first informant against seven named accused persons including the applicant with the allegation that all the accused persons forcibly entered into the house of the first informant and dragged his elder physical disabled brother namely Manoj Kumar Tiwari and severely beaten him by Lathi, Danda and sharp edged weapon, due to which he became unconscious, thereafter the injured was taken to CHC, where he declared dead. In the post mortem report the cause of death has been shown as Shock and Hemorrhage due to Antemortem Injuries. Learned counsel for the applicant submits that in the First Information Report general allegation has been levelled against all the accused persons. He further submits that the first informant and his wife Smt. Mahima Tiwari, in their statements has said that the applicant has given blow by axe over the deceased. Learned counsel for the applicant submits that from the Ante Mortem Injuries, sustained by the deceased, it is clear that there is no injury over the body of the deceased inflicted by axe. Criminal history of two cases has been explained in paragraph no. 16 of the affidavit filed in support of bail application. Hence, bail has been prayed for. Per contra, learned A.G.A. as well as learned counsel for the first informant have 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-Krishna Mohan @ Jaijuram, 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