Neutral Citation No. - 2025:AHC:3831 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46596 of 2024 Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ravindra Sharma, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 298 of 2024, under Sections 333, 115(2), 352, 110, 105 BNS, Police Station Nakud, District Saharanpur, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 29.8.2024 against the applicant and two others and according to the FIR on 21.8.2024 at about 8 pm in the night, applicant and his family members made assault upon the son of the informant on his abdomen through kicks and fists and due to assault made by them he sustained serious intestinal injuries and he is in the hospital and his condition is critical. 4. Learned counsel for the applicant submitted that FIR of the present case was lodged under sections 333, 115 (2), 352 BNS but when injured died on 7.10.2024 then case was converted under section 105 BNS. 5. He further submitted that the alleged incident is said to have taken place at 21.8.2024 but FIR was lodged on 29.8.2024 i.e. after more than seven days of the alleged incident and this delay in lodging the FIR itself suggests that on the basis of false allegations, applicant has been made accused in the present matter. 6. He further submitted that from the perusal of the post mortem report, it reflects that deceased did not sustain any external injury and he died due to septicemia by perforation of peritonitis and therefore, possibility cannot be ruled out that he was having some stomach perforation and thereafter he developed septicemia and died. 7. He further submitted that even present case does not travel beyond Section 105 (2) BNS. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 9.10.2024. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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. However, as per allegation applicant and others caused injury through kicks and fists to the son of the informant and due to assault made by them, he died but it reflects that deceased did not sustain any external injury and he died due to septicemia and considering this fact, arguments advanced by learned counsel for the applicant that the present case does not travel beyond section 105(2) BNS, cannot be ruled out, at this stage. 12. Further, FIR of the present case was lodged after more than seven days from the alleged incident and applicant is having no criminal history and he is in jail in the present matter since 9.10.2024. 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-Mohit, 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 :- 8.1.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad