Neutral Citation No. - 2025:AHC:23806 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46407 of 2024 Applicant :- Ramnaresh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi,Shyamli Tripathi Counsel for Opposite Party :- Devesh Mishra,G.A.,Manoj Kumar Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicants is taken on record. 2. Sri Nanhe Lal Tripathi, learned counsel for the applicants submits, initially bail application of the applicants was dismissed for offence under Sections 105, 118(1), 115(2), 352, 351(3) B.N.S. but during investigation when the case was converted under Section 1172), 3(5), 103(1) B.N.S. then they filed a fresh bail application before the court concerned, which has been rejected by the court concerned on 01.01.2025 and bail rejection order dated 01.01.2025 has been annexed along with supplementary affidavit dated 06.01.2025, therefore, it appears, applicants are detained in jail in the present matter only for offences under Sections 1172), 3(5), 103(1) B.N.S., therefore, he may be permitted to make necessary correction in the prayer clause of the instant bail application. 3. Learned AGA as well as learned counsel for the informant are having no objection. 4. In view of the matter, learned counsel for the applicants is permitted to make necessary correction in the prayer clause of the instant bail application during the course of the day itself. 5. Heard Sri Nanhe Lal Tripathi, learned counsel for the applicants, Sri Manoj Kumar, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I for the State. 6. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 192 of 2024, under Sections 105, 118(1), 115(2), 352, 351(3) 117(2), 3(5), 103(1) B.N.S., Police Station Jhakhlaun, District Lalitpur during pendency of the trial. 7. FIR of the present case was lodged on 14.09.2024 against applicants and two others under Sections 115(2), 352, 351(3) B.N.S. and according to the FIR on 14.09.2024 in the night at about 2.00 AM applicants and two others made assault upon the informant, her husband and her Jeth and due to the assault made by them, they sustained injuries. 8. Learned counsel for the applicants submits, initially FIR of the present case was lodged for offences under Sections 115(2), 352, 351(3) B.N.S. but after the death of the injured Roopam i.e. Jeth of the informant case was firstly converted under Section 105 B.N.S. but subsequently it has been converted for offence under Section 103(1) B.N.S. 9. He further submits, in the alleged incident, as per prosecution, apart from the deceased three persons were also sustained injuries including informant and from their statements recorded during investigation, which have been annexed along with instant bail application, it reflects, they attributed the role of causing injury to deceased to co-accused Amar Singh. He further submits, the injuries sustained by all the three injured appeared to be simple in nature. 10. He further submits, applicants are not having any criminal history and in the present matter they are in jail since 03.10.2024. 11. 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 applicants. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, as per allegation due to the assault made by the applicants and others one person lost his life and three persons sustained injuries but from the statements of injured witnesses, it reflects, co-accused Amar Singh caused head injury on the head of the deceased. Further, medical reports of the injured suggest that they sustained only simple injuries. 14. Further, applicants are not having any criminal history and in the present matter they are in jail since 03.10.2024. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicants - Ramnaresh and Ramlakhan 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 18. 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 applicants. 19. 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 :- 19.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad