Neutral Citation No. - 2025:AHC:32953 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46716 of 2024 Applicant :- Arvind Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Prakash Singh,Sushil Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Nidhi, learned Advocate holding brief of Sri Sushil Shukla, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 152 of 2024, under Sections 302, 336, 325, 34 IPC, Police Station Rura, District Kanpur Dehat during pendency of the trial. 3. FIR of the present case was lodged on 05.05.2024 against applicant and three others and according to the FIR on 05.05.2024 at about 11 AM in the morning applicant and other accused persons made assault upon the father of the informant and they used bricks. It is further mentioned in the FIR that co-accused Chandrabhan gave a blow on his head through Spade and due to the assault made by them, father of the informant died. 4. Learned counsel for the applicant submits, on the basis of false allegation, applicant has been made accused in the present matter. She further submits, specific role of causing head injury to the deceased has been assigned to co-accused Chandrabhan and from perusal of the post mortem report of the deceased, it also reflects, deceased died due to head injury. 5. She further submits, along with applicant co-accused Mithlesh and Reena were also made accused with similar allegations and both co-accused have been released on bail by the co-ordinate Bench of this Court. 6. She further submits, bail granting order of co-accused Reena has been annexed at page-91 of the paper-book and co-accused Mithlesh has been released on bail vide Criminal Misc. Bail Application No. 46900 of 2024 and however applicant is male and both above co-accused were females but on facts, case of applicant is at par with them. 7. She further submits, applicant is not having any criminal history and in the present matter he is in jail since 29.07.2024 i.e. for last more than seven months. 8. Per contra, learned AGA 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. However, as per allegation due to the assault made by the applicant and others father of the informant died but it reflects, role of causing head injury to the deceased has been specifically attributed to co-accused Chandrabhan and post mortem report also suggests that deceased died due to head injury. 11. Further, along with applicant co-accused Reena and Mithlesh were also made accused and both have been released on bail. However, both the above co-accused were females and applicant is male but as far as facts of the case are concerned, the case of applicant is at par with them. 12. Further, applicant is not having any criminal history and in the present matter he is in jail 29.07.2024 i.e. for last more than seven months. 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 - Arvind 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 :- 6.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad