Neutral Citation No. - 2025:AHC:10796 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46259 of 2024 Applicant :- Prakash @ Ritesh Bhartiya @ Boucher Opposite Party :- State of U.P. Counsel for Applicant :- Hiralal Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Hiralal, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.438 of 2024, under Section 105, 61(2) Ka B.N.S., Police Station Mughalsaray, District Chandauli during pendency of the trial. 3. FIR of the present case was lodged on 23.10.2024 under Section 110 B.N.S. and according to the FIR, on the call of the applicant when father of the informant had gone from his house then co- accused Karan and Bachhelal made assault upon him due to which, he sustained injuries. 4. Learned counsel for the applicant submits that initially FIR of the present case was lodged under Section 110 B.N.S. but after the death of the father of the informant case was converted under section 105 B.N.S. 5. He further submits that even as per the prosecution applicant did not cause any injury to the deceased and injury was caused to him by co-accused Karan and Bachhelal and on the basis of section 61(2) Ka B.N.S. applicant has been made accused in the present matter. 6. He next submitted that there is also no cogent evidence of conspiracy on record against the applicant. 7. He further submits, applicant is not having any criminal history and in the present matter applicant is in jail since 26.10.2024. 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. Considering the fact that role of causing injury to the deceased has not been attributed to the applicant and it appears that with the aid of section 61(2) B.N.S. he has been made accused in the present matter and he is not having any criminal history and in the present matter applicant is in jail since 26.10.2024, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Prakash @ Ritesh Bhartiya @ Boucher 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. 13. 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. 14. 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 :- 22.1.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad