Neutral Citation No. - 2025:AHC:139365 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24563 of 2025 Applicant :- Santosh Kumar Yadav @ Bhodu Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.,Ranjeet Yadav Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Mrs. Swati Agrawal Srivastava, learned counsel for the applicant 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 Santosh Kumar Yadav @ Bhodu with a prayer to enlarge him on bail in Case Crime No. 08 of 2024, under Sections 304 and 323 I.P.C. Police Station-Rampur, District-Jaunpur, 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 12.03.2024. Learned counsel for the applicant further submits that first information report was lodged by the first informant with the allegation that on the date of incident the father of the first informant namely Shiv Kumar Yadav, while going for filling gas cylinder the named accused persons surrounded him and severely beaten him. On the same day the statement of the first informant was recorded in which she has stated that due to injuries sustained the father of the first informant became unconscious and someone brought him to the primary health Centre Rampur and after information she reached to the Hospital. Thereafter the injured was referred for higher center and lastly he was admitted in B.H.U. Trauma Centre where he was declared brought dead. Learned counsel for the applicant submits that first informant is not an eye witness. In the post mortem report the cause of death has been shown as 'Coma as a result of head injury'. Smt. Nageena, wife of the deceased, in her statement has named four persons including the applicant. She further submits that there is contradiction in the statement of the first informant and other witnesses. It has been further submitted that the real fact is that there is some dispute between the family of the deceased and the applicant and due to which both sides are indulged in litigation and the applicant has been falsely implicated in the present case. Learned counsel for the applicant further submits that criminal antecedents of five cases has been properly explained in paragraph no. 44 of the affidavit filed in support of bail application 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 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-Santosh Kumar Yadav @ Bhodu, 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 :- 14.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad