Neutral Citation No. - 2025:AHC:22725 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38737 of 2024 Applicant :- Hariom Opposite Party :- State of U.P. Counsel for Applicant :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Opposite Party :- Akhilesh Srivastava,G.A.,Saksham Srivastava Hon'ble Sameer Jain,J. 1. Heard Sri Ram Babu Sharma, learned counsel for the applicant, Sri Akhilesh Srivastava, learned counsel for the informant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 426 of 2024, under Sections 191(2), 191(3), 109, 115(2), 352, 351(3), 103(2), 61(2) BNS, Police Station- Khair, District- Aligarh, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 16.08.2024 against applicant and five others and according to FIR, on 14.08.2024 at about 6:30 p.m. applicant and other accused persons intercepted the son of the informant and applicant made exhortation and after that co-accused Dushyant inflicted knife injury on his head and thereafter they started beating him through kick and fist and thereafter on the exhortation of co-accused Kuldeep, co-accused Sajal inflicted sword injury to him on his head. 4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Sections 191(2), 191(3), 109, 115(2), 352, 351(3), 103(2), 61(2) BNS but after the death of the injured case was converted under Section 103(2) BNS. 5. He further submitted that admittedly it is not a case of Section 103(2) BNS and this fact itself suggests that applicant has been falsely implicated in the present case. 6. He further submitted that as far as merit of the case is concerned, admittedly applicant did not cause any injury to the deceased and as per prosecution, injury was caused by co-accused Dushyant and Sajal. 7. He further submitted that even from the FIR, it reflects that informant of the case was not the eye-witness but in spite of that he disclosed the name of the applicant in the FIR. 8. He further submitted that however, earlier also applicant was made accused in one another case but in that case, after investigation final report has been submitted and applicant is in jail in the present matter since 16.08.2024 i.e. for last more than six months. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant along with others also participated in the incident and applicant and others caught hold the deceased and thereafter other two accused persons caused injury to him but both the counsels could not dispute the fact that there is no allegation that applicant also caused any injury to the deceased. They further could not dispute the fact that in the present matter, applicant is in jail for last more than six months. 10. I have heard learned counsel for the parties and perused the record of the case. 11. From the record, it reflects that there is no allegation that applicant caused any injury to the deceased. Further, however, he was named in the FIR along with other accused persons but informant of the case does not appear to be eye-witness. 12. Further, however, earlier also applicant was made accused in one another case but in that case, after investigation final report has been submitted and applicant is in jail in the present matter since 16.08.2024 i.e. for last more than six months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Hariom 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. 16. 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. 17. 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 :- 17.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad