Neutral Citation No. - 2025:AHC:141958 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23366 of 2025 Applicant :- Brajesh Joshi Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Lavkush Kumar Bhatt, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant Brajesh Joshi with a prayer to enlarge him on bail in Case Crime No. 56 of 2025, under Sections 103 (1), 115 (1), 352 of B.N.S., Police Station-Kampil, District-Farrukhabad, 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 21.04.2025. Learned counsel for the applicant submits that first information report was lodged by the informant against three named persons including the applicant with the allegation that on 17.04.2025 the brother in law of the first informant namely Ramprakash was sleeping in the verandah, the co-accused Anish and Vikki came there and demanded water for drinking alcohol and when he restricted them they hurled abuses to him. Meanwhile the applicant came there and all three accused persons severely beaten Ramprakash with Lathi, Danda, kick and fists, due to which he sustained several injuries and was taken to the District Hospital Kayamganj, where during treatment he died. In the post mortem report the cause of death of the deceased has been shown as Septicemic shock as a result of Protonitis due to Abdominal Injury. Learned counsel for the applicant submits that the first infomrant in his statement has specifically said that on the instigation of the applicant co-accused Aneesh has given blow by Lathi, Danda, Kick and fists due to which the deceased sustained severe injuries. Learned counsel for the applicant further submits that the 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. has vehemently opposed the bail prayer of the applicant but could not dispute the fact that the applicant has no criminal antecedents. 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-Brajesh Joshi, 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 :- 20.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad