Ram Kishore Vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 504 of 2024, under Sections 103(1), 238/3(5) B.N.S., registered at Police Station Pasgawan, District Kheri.

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Initially one Arvind Kumar gave information to the police on 06.12.2024 that his father had left home at about 2.30 p.m. on 05.12.2024 for going to market. His dead body was recovered at a tube-well on 06.12.2024. The inquest proceedings were witnessed by the applicant also. The postmortem examination report mentions two contusions over both sides of head and a lacerated wound 1cmX0.5 cm cartilage deep present over the back of left mid ear. The cause of death has been opined to be ante mortem head injury.

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On the basis of the aforesaid developments an F.I.R. was lodged on 07.01.2024 by the daughter of the deceased against three persons, including the applicant stating that a property dispute was going on between the deceased and the accused

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persons. The disputed land was given to the informant's father in demarcation, due to which the accused persons were aggrieved. She came to know that due to the aforesaid property dispute, the accused persons had killed her father.

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The Investigating Officer has recorded statements of some persons, who stated that they had seen the co-accused Arun with the deceased. The deceased had fallen down from his two wheeler while he was in an inebriated condition. Arun had said that he is a nephew of the deceased and he will take his care, whereupon the witnesses have gone away. The police claimed to have arrested the accused persons and to have recovered a stick from the co-accused Ishwar Chand. In their custodial statements, all the accused persons confessed their involvement in commission of the offence.

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In the affidavit filed in support of the bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The learned A.G.A. has opposed the prayer for bail and he on the basis of written instructions has submitted that the allegations are serious in nature, which have been established during investigation and accordingly a charge sheet has been submitted in the case on 31.12.2024.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the deceased had gone missing on 05.12.2024 but no complaint in this regard was lodged; that initially an information of death was given by the son of the deceased and no allegation was levelled against any person; that in the F.I.R. lodged on 07.12.2024 at 20.15 Hrs. the daughter of the deceased implicated three accused persons against whom the deceased had a property dispute; that

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although some witnesses stated that they had seen the deceased with co-accused Arun, they also stated that the deceased was in an inebriated condition and he had fallen down from two wheeler; that except for the custodial confessional statements, there is no other material to connect the applicant with the offence in question; that the applicant has no previous criminal history and he is languishing in jail since 18.12.2024 whereas the investigation has concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Ram Kishore be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 27.3.2025 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ram Kishore v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

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Ram Kishore v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

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