Neutral Citation No. - 2025:AHC:67615 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6058 of 2025 Applicant :- Jai Prakash And Another Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Devesh Pandey, learned counsel for the applicants and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 73 of 2024, under Sections 304, 323, 504 IPC, Police Station Pannuganj, District Sonbhadra during pendency of the trial. 3. Learned counsel for the applicants submitted that however applicants are named in the FIR along with others and as per allegation they along with others made assault due to which three persons sustained injuries and one person died but entire allegation leveled against the applicants are totally false. 4. He further submitted that as per statements of injured witnesses, which have been annexed along with instant bail application, however, it reflects, they assigned general role of assault to all the accused but from their statements it reflects, they specifically stated that co-accused Bahadur continuously made assault upon the deceased unless he fell down, therefore, it reflects, co-accused Bahadur was the principal accused. 5. He further submitted that applicants are not having any criminal history and in the present matter they are in jail since 04.06.2024 i.e. for last more than ten months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, applicants are named in the FIR along with others and as per allegation due to the assault made by applicants and others three persons sustained injuries and one person died but from perusal of the statements of the injured witnesses including the statements of Smt. Leelawati and Roopa, it reflects, however, they also assigned general role of assault to the applicants and others but they also stated that co-accused Bahadur was making assault upon the deceased till he fell down. 9. Considering above fact, the argument advanced by learned counsel for the applicants that co-accused Bahadur prima facie appears to be principal accused, cannot be ruled out at this stage. 10. Further, applicants are not having any criminal history and in the present matter they are in jail since 04.06.2024 i.e. for last more than ten months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicants - Jai Prakash and Shiv Prakash 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. 14. 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. 15. 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 :- 30.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad