Pooran and Another vs State of U.P. Thru. Prin. Secy. Home Lko.

By means of this application, the applicants, who are involved in Case Crime No. 96 of 2026, under sections 191 (2), 115 (2), 352, 351 (2), 105 of BNS (old Sections 147, 323, 504, 506, 304 IPC), Police Station Bheera, District- Kheri is seeking enlargement on bail.

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The brief facts of the case are that on 06.03.2026 an FIR has been lodged under Sections 191 (2), 115 (2), 352, 351 (2) of BNS (old Sections 147, 323, 504, 506 IPC) against five named accused persons including present applicant alleging therein that on 06.03.2026 at around 12 o' clock, the named accused persons, who are having old enmity with the informant and his family members had started hurling abuses and when they were asked to stop, they had started beating by lathi and danda. After few days, the informant had expired and Section 105 of BNS, 2023 (old Section 304 of IPC) has been added against the present applicants.

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Learned counsel for the applicants has submitted that as per post-mortem report, there are four injuries found on the body of deceased. Injury no. 1 is on the head and injury nos. 2, 3 and 4 are on the non-vital part of the body of deceased and the cause of death has been shown due to coma as result of ante-mortem head injury.

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It is further submitted that the eye-witness i.e. wife of deceased and the other witnesses in their statement have specifically assigned the role of assault by wooden patta on the head of deceased to the co-accused Neeraj only and no role of assault by any arm has been assigned to present applicants.

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BAIL No. 3753 of 2026

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It is further submitted that no offence is made out against the applicants under Section 105 of BNS, 2023 for the reason that the rest of three injuries are on the non-vital part of body of deceased.

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It is further submitted that no recovery has been made from the applicants.

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It is further submitted that the applicants have no criminal history and they are in jail since 09.03.2026.

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On the other hand, learned AGA on the basis of instructions received 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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Considering the submissions of the respective counsels and going through the record of the case, prima-facie, it is found that as per postmortem report there are four injuries found on the body of deceased; injury no. 1 is on the head and injury nos. 2, 3 and 4 are on the non-vital part of the body of deceased and the cause of death has been shown as coma as result of ante-mortem head injury; eye-witness i.e. wife of deceased and the other witnesses in their statement have specifically assigned the role of assault by wooden patta on the head of deceased to the co-accused Neeraj only and no role of assault by any arm has been assigned to present applicants; primafacie, no offence is made out against the applicants under Section 105 of BNS, 2023 for the reason that the rest of three injuries on the non-vital part of body of deceased; no recovery has been made from the applicants, thus, the applicants have made out a case for grant of bail.

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Accordingly, the instant bail application is allowed .

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Let the applicants- Pooran and Avshesh be released on bail in the aforesaid case crime number on their 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 applicants will cooperate with the prosecution during trial.

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

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

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(iv) The applicants shall not commit an offence.

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(v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to

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BAIL No. 3753 of 2026

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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 applicants shall remain present before the trial court on each date fixed, either personally or through counsel.

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

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(viii) The applicants shall remain present, in person, before the trial court on 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 25, 2026

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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

Pooran and Another v. State of U.P. Thru. Prin. Secy. Home Lko.

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Pooran and Another v. State of U.P. Thru. Prin. Secy. Home Lko.

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