Neutral Citation No. - 2025:AHC:12115 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45009 of 2024 Applicant :- Ansh Mohan Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Raj Kumar Pandey,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Raj Kamal Tripathi, Advocate apprised the court that he has filed his power on behalf of the informant in the registry of this court but his name could not be shown in the cause list of the. 2. Counter affidavit filed on the behalf of the informant is taken on the record. 3. Heard Sri Vinod Kumar Upadhyay, learned counsel for the applicant, Sri Raj Kamal Tripathi, learned counsel for the informant and Sri Ajeet Madhesiya, learned brief holder for the State. 4. The instant application has been filed seeking release of the applicant on bail in Case Crime No.331 of 2024, under Sections 103, 76 B.N.S. and 7/8 POCSO Act, Police Station-Prem Nagar, District-Bareilly, during pendency of the trial in the court below. 5. FIR of the present case was lodged on 02.09.2024 under section 109 BNS against applicant and according to the FIR applicant is the step brother of the informant and on 02.09.2024 he in the night made assault upon the informant and her maternal grandmother through knife and due to the assault made by him they sustained serious injuries. 6. Learned counsel for applicant submits that initially FIR of the present case was lodged under section 109 BNS but after the death of maternal grandmother of the informant case was converted under section 103 BNS. 7. He further submits that applicant is step brother of the informant and only due to this reason he has been falsely made accused in the present matter. 8. He further submits however before her death investigating officer recorded the statement of the deceased which has been annexed at page 34 of the paper book in which she however stated that applicant caused knife injury to her but as her statement was recorded by the investigating officer therefore, no reliance can be placed on her statement. 9. He further submits that however informant during investigation also repeated the version of the FIR but as she is step sister of the applicant therefore, no reliance should be placed on her statement. 10. He further submits that as per informant applicant being her step brother tried to outraged her modesty but this allegation prima facie appears to be false. 11. He further submits that totally on the basis of false allegation applicant has been made accused in the present matter. 12. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 04.09.2024. 13. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the step brother of the informant and he caused injury to her and to her maternal grandmother and informant in the FIR as well as in her statement stated against him. 14. They further submit that even in her statement recorded during investigation before her death deceased stated that applicant caused knife injury to her and there is no reason to disbelieve the statement of the deceased recorded during investigation before her death and statement of the informant and therefore the instant bail application should be dismissed. 15. I have heard learned counsel for the parties and perused the record of the case. 16. However, informant of the present case is step sister of the applicant but she is also one of the injured witness and according to the FIR applicant caused knife injury to informant and her maternal grandmother. 17. Record further suggest that before her death when the statement of maternal grandmother of the informant was recorded by the investigating officer then she also reiterated the version of the FIR and stated that applicant caused knife injuries to her and at this stage there is no reason to disbelieve the dying declaration of the deceased and the statement of the injured i.e. informant of the case. 18. Therefore, considering the facts and circumstances of the case discussed above, I am not inclined to release the applicant on bail at this stage. 19. The instant bail application filed on behalf of applicant is rejected. Order Date :- 23.1.2025/Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad