Gangaram @ Chotakke vs State of U.P. Thru. Prin. Secy. Home Lko.

By means of this application, the applicant, who is involved in Case Crime No. 0155 of 2025, under sections 105, 191 (3), 352, 351 (3), 3 (5) & 115 (2) of the B.N.S., Police Station Naimisharyna District- Sitapur is seeking enlargement on bail during the trial.

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Brief facts of the present case are that an FIR dated 02.10.2025 has been lodged under Section 105 and 191 (3) (old Section 304 and 148 of IPC) against seven accused persons alleging therein that on 26.06.2025 at around 15.40 Hrs son of informant was assaulted and badly beaten by named accused persons by lathi and danda due to which on 30.09.2025, he succumbed to his injuries .

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Learned counsel for the applicant has submitted that eye-witness in his statement has not assigned any role of assaulting by lathi and danda to the present applicant. Role of assault by lathi and danda on head of the son of the informant is assigned to the co-accused Pannalal and Matru and lathis have been recovered on the pointing out of co-accused Pannalal.

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It is further submitted that there are five injuries on the body of deceased out of which four injuries on the head of deceased and remaining one i.e. fourth injury on left great toe of deceased. The cause of death is ante-mortem head injury.

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It is further submitted that the applicant is in jail since 03.10.2025 and he has no criminal history.

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BAIL No. 2041 of 2026

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It is further submitted that the applicant has falsely been implicated in the present case and he would not misuse the liberty of bail.

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On the other hand, learned AGA on the basis of counter affidavit has opposed the prayer for grant of bail but unable to dispute the submissions made by learned counsel for the applicant.

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Having heard learned counsel for the parties and perused the material available on record; prima-facie, it is found that eye-witness in his statement has not assigned any role of assaulting by lathi and danda to the applicant. Role of assault by lathi and danda on head of son of informant is assigned to the co-accused Pannalal and Matru and lathis have been recovered on the pointing out of co-accused Pannalal ; there are five injuries on the body of deceased out of which four injuries on the head of deceased and remaining one i.e. fourth injury on left great toe of deceased and as per post-mortem report cause of death shown is ante-mortem head injury; thus, prima-facie, it is found that it is a fit case in which the applicant may be enlarged on bail.

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Accordingly, the instant bail application is allowed .

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Let the applicant Gangaram @ Chotakke be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant will cooperate with the prosecution during trial.

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(ii) The applicant will not tamper with the evidence during trial.

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(iii) The applicant will not pressurize/intimidate the prosecution witness(es).

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(iv) The applicant shall not commit an offence.

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(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The applicant shall remain present, in person, before the trial court on

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BAIL No. 2041 of 2026

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the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observations made in this order.

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May 21, 2026 Ashish

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(Manish Kumar,J.)

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Gangaram @ Chotakke v. State of U.P. Thru. Prin. Secy. Home Lko.

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Gangaram @ Chotakke v. State of U.P. Thru. Prin. Secy. Home Lko.

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