Pancham Vs State of U.P.

Neutral Citation No. - 2025:AHC:139868

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24591 of 2025

Applicant :- Pancham Opposite Party :- State of U.P. Counsel for Applicant :- Maohammd Nadeem Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Sri Mohammad Nadeem,learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the Staterespondents and perused the record.

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This bail application under Section 483 BNS has been moved on behalf of accused-applicant , Pancham seeking enlargement on bail in Case Crime No. 164 of 2025, under Sections 191 (2), 115 (2), 352, 351 (2), 105 BNS, Police Station Kannauj, District Kannauj.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 19.03.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail.

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The allegation made in the FIR is that on 14.03.2025 at about 8:00 p.m., the applicant and other named accused persons came to the house of the first informant and due to old family dispute started abusing and beating to grandfather and brother of the informant by lathi and danda and caused injuries to them and,

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thereafter, they admitted in hospital where the grandfather of the first informant died on 16.03.2025.

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Learned counsel for the applicant submits that as per the post mortem report, the deceased has sustained four injuries and immediate cause of death is coma due to ante mortem injuries. The first informant has clearly stated in his statement that his brother Deepak has not received any kind of injury over his body and specifically assigned the role of co-accused Ankit, who assaulted the deceased over his head. As per the statements of eye witnesses Pradeep and Shisram, it is clear that they have not seen the actual incident, though, in the FIR, they came there and rescued his grandfather. General role of assault has been assigned to all the accused persons and the role of causing head injury is assigned to co-accused Ankit by danda. It is submitted that the investigating officer after completing investigation, has submitted charge-sheet against the applicant and other co-accused persons on 30.04.2025. Nothing has been recovered from the possession of the applicant or on his pointing out. Applicant was never involved in the present case as alleged in the FIR. The applicant has no motive to commit the alleged offence. In fact, the deceased died due to not providing medical assistance. No offence is made out against the applicant under the aforesaid sections. It is next submitted that the incident took place on 14.03.2025, however, the injured was medically examined on 15.03.2025 after 24 hours, though, in the injury report duration was mentioned "Fresh" and the deceased died on 16.03.2025 and thereafter, FIR was lodged on 17.03.2025, which clearly shows that no such incident took place and the deceased died due to some other reasons. Hence, bail has been prayed for.

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Learned AGA vehemently opposed the prayer for bail but could

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not dispute the aforesaid facts.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Pancham involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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i. The applicant will not tamper with the evidence.

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ii. The applicant will not indulge in any criminal activity.

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iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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v. 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.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 14.8.2025 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Pancham v. State of U.P.

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