Neutral Citation No. - 2025:AHC:66837 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3726 of 2025 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Varun Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Varun Singh, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 305 of 2024, under Sections 147, 148, 149, 452, 336, 307, 323, 504, 506, 324, 304 IPC, Police Station Ramgarh, District Firozabad during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant has been named in the FIR along with nine others and as per allegation made in the FIR due to the assault made by accused persons number of persons sustained injuries but entire allegation leveled against the applicant is totally false. 4. He further submits, even from the FIR, it reflects, no specific allegation has been made against the applicant and specific allegation of assault has been made against co-accused Imran, Rizwan, Rashid, Saif and Talib. 5. He further submits, initially FIR of the present case was lodged under Sections 307 IPC and other sections but after the death of the one of the injured namely Faisal case was converted under Section 304 IPC. 6. He further submits, from the record it reflects, deceased died after one and half months and during investigation Investigating Officer also recorded his statement but he and injured Ahad made only general allegation against all the accused. 7. He further submits, from the statement of the doctor, who provided medical treatment to deceased and injured, which has been annexed along with instant bail application, it reflects, deceased sustained three injuries and out of three injuries two were complaint of pain and therefore, it appears, to be a case of over implication. 8. He further submits, after considering the entire facts of the case co-accused Rashid has been released on bail by the co-ordinate Bench of this Court vide order dated 12.12.2024 passed in Criminal Misc. Bail Application No. 43622 of 2024 and considering the allegation made in the FIR case of applicant is at better footing than him and as per statements of the deceased and injured, the case of applicant is at par with him. 9. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 26.06.2024. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation applicant and others made assault due to which one person died and number of persons sustained injuries but there is medical report of only one injured Ahad. 13. Further, from the FIR it reflects, only general allegation has been made against the applicant and specific allegation of assault has been made by the informant against co-accused Imran, Rizwan, Rashid, Saif and Talib. 14. Further, from the record, it also reflects that deceased died after one and half months and before his death his statement was also recorded by the Investigating Officer and in his statement deceased attributed only general role to all the accused. Similar statement was also given by the injured Ahad. 15. Further, from the statement of the doctor who examined the deceased, it reflects, deceased sustained three injuries and out of three injuries two were complaint of pain. 16. Further, co-accused Rashid has already been released on bail by the co-ordinate Bench of this Court and considering the statements of the injured and deceased recorded during investigation case of applicant is at par with him and considering the allegation made in the FIR, case of applicant is at better footing than him. 17. Further, applicant is not having any criminal history and in the present matter he is in jail since 26.06.2024. 18. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant - Rahul 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. 21. 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. 22. 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 :- 29.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad