Neutral Citation No. - 2025:AHC:5947 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46981 of 2024 Applicant :- Sanjay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Prateek Srivastava, learned counsel for the applicant and Dr.S.V.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.664 of 2024, under Sections 115(2), 352, 351(2) and 105 BNS, Police Station Robertsganj, District Sonbhadra during pendency of the trial. 3. FIR of the present case was lodged on 22.9.2024 against the applicant and three others and according to the FIR, on 22.9.2024 at about 8.30 PM in the evening applicant and other accused persons made assault through wooden stick and through kicks and fists and due to assault made by them informant and two others sustained injuries. 4. Learned counsel for the applicant submits that initially FIR of the present case was lodged under Section 115(2), 352 and 351(2) BNS but after death of the informant, case was converted under Section 105 BNS. 5. He further submits that only general role has been assigned to all the accused including the applicant and it appears that however informant subsequently died but from his injury report which has been annexed at page 36 of the paper book it reflects that he sustained only simple injury. 6. He further submits that post mortem report of the informant, i.e., deceased shows that he died due to septicemia and, therefore, the present case does not travel beyond Section 105 Part two BNS. 7. He further submits that admittedly two other injured persons did not sustain any injury which could be categorized as dangerous to life. 8. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 26.9.2024. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, informant of the case is the deceased and he named applicant along with three others but only general role has been levelled against all the accused persons. Further, from the post mortem report of the deceased, i.e.,informant of the case it reflects that he died due to septicemia and his medical report suggests that he sustained only simple injuries, therefore, the argument advanced by the learned counsel for the applicant that from the record it could not be gathered that applicant was having any intention to cause death of the informant, cannot be ruled out at this stage. 12. Further, however, in the incident two other persons also sustained injuries but it appears that they did not sustain any injury which was dangerous to life. 13. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 26.9.2024. 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-Sanjay 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 :- 10.1.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad