Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

It is submitted that in this case applicant has been falsely implicated. There is general allegation of assault with lathi, danda, kicks and fists with the deceased Sudama, the mother of the informant. Allegedly, the occurrence took place on 03.05.2021 and F.I.R. was lodged on 06.05.2021 after delay of 3 days. The injured/deceased was admitted to the hospital on 05.05.2021. There was no fatal injury on the person of the deceased at the time of alleged incident. No any specific role has been assigned to this applicant except general allegation alongwith other co-accused persons out of which co-accused Renu Rajbhar and Chandti Devi have already been enlarged on bail. It is also submitted that the applicant alongwith other coaccused persons have also sustained injuries on their person in the same incident, therefore, informant side was the aggressor. There was no any intention or knowledge on the part of the applicant to cause death of the deceased. There is no criminal antecedent against the applicant and he is in jail since 08.05.2021,therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial. Learned A.G.A. opposed the prayer for bail. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant Neeraj Rajbhar involved in Case Crime No.64 of 2021, under Sections 323, 504, 304 I.P.C., Police Station Didarganj, District Azamgarh, be released on bail on furnishing a personal bond and two heavy sureties each in the, like amount to the satisfaction of the court concerned subject to
following conditions.
1. The applicant will not tamper with the evidence during the
trial.
2. The applicant will not pressurize/ intimidate the prosecution
witness.
3. The applicant will appear before the trial court on the date
fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.