Order :

1. This application for bail under Section 483 BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.123/2024 registered at Police Station Ghantali, District Pratapgarh for the offences under Sections 103(1) and 45/49 of BNS.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Drawing attention of the Court towards the FIR and the challan papers, learned counsel submitted that as per the prosecution, on being provoked by the petitioner, co-accused persons namely Mahendra and Sandeep inflicted head injury to the deceased- Shambhura with a sharp weapon (axe). Learned counsel further submitted that the sharp weapon allegedly used in commission of the crime has been recovered from the co-accused Mahendra.

4. Learned counsel submitted that the petitioner has been falsely implicated in the present case. There is no eye-witness of the alleged incident and, therefore, the allegation levelled against the petitioner for provoking co-accused persons to commit the alleged crime has been levelled only on the basis of conjunctures and surmises.

5. Lastly, learned counsel submit