Neutral Citation No. - 2025:AHC:63474 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3027 of 2025 Applicant :- Yogesh Opposite Party :- State of U.P. Counsel for Applicant :- Heema Pal,Rajeev Goswami Counsel for Opposite Party :- G.A.,Pankaj Kumar Govil,Punya Sheel Pandey Hon'ble Sameer Jain,J. 1. Heard Sri Rajeev Goswami, learned counsel for the applicant, Sri Punya Sheel Pandey, learned counsel for the informant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 294 of 2024, under Sections 115(2), 125, 103(1), 109, 352, 351(3) BNS, Police Station- Shergarh, District- Mathura, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 14.10.2024 against applicant and three others and according to FIR, on 13.10.2024 at about 8.30 pm in the evening, applicant and other accused persons made assault upon the deceased through wooden sticks, bottle and bricks, due to which he sustained injuries and died and in the incident others also sustained injuries. 4. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter. 5. He further submitted that actually, informant side was the real aggressor and due to assault made by them, from the side of applicant also two persons sustained injuries and their injury reports have also been annexed along with the instant bail application and, therefore, it appears to be a case of free fight. 6. He further submitted that, however, in the incident from the side of informant unfortunately two persons sustained injuries and one person died but from the post-mortem report, reflects, deceased sustained single abrasion on his head and, therefore, it cannot be said that applicant and others were having any intention to cause his death. 7. He further submitted that, however, apart from the present case, applicant is having criminal history of two other cases but both the cases were of minor offences and in the present matter, applicant is in jail since 15.10.2024 i.e. for last more than 6 months. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that due to assault made by applicant and three others, two persons sustained injuries and one person died but both the counsels could not dispute the fact that deceased sustained single abrasion on his head. They further could not dispute the fact that from the side of applicant also two persons sustained injuries. 9. I have heard both the parties and perused the record of the case. 10. However, as per allegation, due to assault made by applicant and three others, two persons sustained injuries and one person died but from the post-mortem report, it reflects that deceased sustained single abrasion on his head. 11. Further, from the side of applicant also two persons sustained injuries. 12. Further, however, apart from the present case, applicant is having criminal history of two other cases but it reflects, both the cases were of minor offenses and in the present matter, applicant is in jail since 15.10.2024 i.e. for last more than six 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- Yogesh 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 :- 24.4.2025/KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad