Neutral Citation No. - 2025:AHC:6257 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45438 of 2024 Applicant :- Vishal Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar,Saroj Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Saroj Kumar Tiwari, learned Advocate submits, actually he is counsel for the informant but his name has wrongly been shown as counsel for the applicant. However, he submits, he is ready to argue the case. 2. Supplementary affidavit filed today on behalf of the applicant is taken on record. 3. Heard Sri Bipin Kumar, learned counsel for the applicant, Sri Saroj Kumar Tiwari, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 4. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 525 of 2024, under Sections 190, 191(2), 191(3), 103(1), 109, 125, 115(2), 333, 352 B.N.S., Police Station Sasni Gate, District Aligarh during pendency of the trial. 5. FIR of the present case was lodged on 03.09.2024 against seven accused (non applicant) and unknown persons and according to the FIR due to the pending dispute with regard to a case nominated accused persons after entering in the house of the informant started making assault upon them and when police arrived on the information, then they however, managed to escape from the spot but subsequent to that incident when one Anuj along with Kunal and Abhishek were going to police station then on the way Rajan, Rajat and Tinku intercepted them and they inflicted knife injury to Anuj and due to their assault Anuj died. 6. Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation when the statements of Kunal and Abhishek, who were also injured witnesses, were recorded then they disclosed the name of applicant but from their statements, which have been annexed along with instant bail application, it reflects that role of causing knife injury has not been assigned to the applicant and only role of pelting stone has been assigned to the applicant. 7. He further submits, from perusal of the post mortem report it reflects, deceased sustained five incised wound. He next submits, it appears that as applicant was closely related to the accused side, therefore, during investigation he was made accused in the present matter. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 11.09.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. From the record, it reflects that applicant was not named in the FIR and during investigation through the statement of Kunal and Abhishek, the two injured witnesses he has been made accused in the present matter but from their statements recorded during investigation it reflects, role of inflicting knife has not been assigned to the applicant and as per both injured applicant was present little bit far from the place of incident and he was pelting the stones and except this there is no other allegation against the applicant on record. 12. Further, from the post mortem it reflects, deceased sustained five incised wounds and role of causing knife injury has been attributed by the injured witnesses to co-accused Rajan. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 11.09.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Vishal Kumar 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. 17. 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. 18. 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 :- 15.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad