Neutral Citation No. - 2025:AHC:41066 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2212 of 2025 Applicant :- Ashok Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Raj Karan Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Raj Karan Yadav, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 326 of 2024, under Sections 105, 351(3), 352 BNS, Police Station- Bisanda, District- Banda, during pendency of the trial in the court below. 4. FIR of the present case was lodged against applicant and two others and according to FIR, applicant along with other accused persons made assault and due to assault made by them, father of the informant sustained injuries. 5. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Sections 115(2), 352, 351(2) BNS but after the death of the injured case was converted under Section 105 BNS. 6. He further submitted that however, applicant was named in the FIR but admittedly informant did not witness the real incident and this fact is evident from his statement recorded during investigation, which has been annexed along with the instant bail application. He further submitted that it is a case in which there is no eye-witness account and it appears, merely on the basis of suspicion, applicant has been made accused in the present matter. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 11.09.2024 i.e. for last more than five months. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant was named in the FIR but from the statement of the informant recorded during investigation, it reflects that he was not the eye-witness of the incident and even from the entire material available on record, it is reflected that no one could see the real incident and it appears that there is no cogent evidence against the applicant. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 11.09.2024 i.e. for last more than five months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Ashok Yadav 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 20.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad