Neutral Citation No. - 2025:AHC:65677 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4201 of 2025 Applicant :- Omkar Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A.,R.S. Maurya Hon'ble Sameer Jain,J. 1. Heard Sri Rakesh Dubey, learned counsel for the applicant, Sri R.S. Maurya, learned counsel for the informant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 401 of 2024, under Sections 333, 103(2), 3(5) BNS, Police Station- Akbarpur, District- Kanpur Dehat, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 28.08.2024 against applicant and seven others and according to FIR, on 26.08.2024 at about 11:00 p.m. in the night applicant and other accused persons made assault upon the son of the informant and applicant and co- accused Virendra were having wooden sticks in their hands and they committed his murder on the roof of the house. It is further mentioned in the FIR that they also threw electric wire upon the deceased. 4. Learned counsel for the applicant submitted that however, applicant is named in the FIR but story narrated in the FIR appears to be quite improbable and no reliance can be placed on such version. 5. He further submitted that as per prosecution, incident occurred on 26.04.2024 at about 11:00 p.m. in the night but FIR was lodged on 28.08.2024 at about 08:26 hours i.e. after 30 hours and this delay in lodgment of the FIR suggests that actually no one could see the real incident. 6. He further submitted that even as per prosecution, incident occurred in the night at about 11:00 p.m. and this fact again suggests that actually no one could see the real incident and when subsequently dead body of the deceased was found on the roof then on the basis of enmity, applicant has been made accused in the present matter. 7. He further submitted that only general allegation of assault has been assigned against all the accused and however, as per post- mortem report, deceased sustained as many as seven injuries but it reflects, only injury no.2 was fatal and there is no evidence that applicant is the author of this injury. 8. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 31.08.2024 i.e. for last almost eight months. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is specifically named in the FIR and as per allegation, he and co- accused Virendra were having wooden sticks in their hands and considering the entire material available on record, it cannot be said that applicant has been falsely made accused in the present matter but could not dispute the fact that incident is said to have taken place on 26.08.2024 at about 11:00 p.m. but FIR was lodged on 28.08.2024 at about 08:26 hours, therefore, there is delay of more than 30 hours in lodging the FIR. 10. They further could not dispute the fact that only general role of assault has been made against all the accused and however, deceased sustained as many as seven injuries but he died only due to injury no.2 and there is no evidence that applicant is author of this injury. They further could not dispute the fact that applicant is not having any criminal history and he is in jail in the present matter for last almost eight months. 11. I have heard learned counsel for the parties and perused the record of the case. 12. Applicant is however, named in the FIR along with others and as per allegation, applicant and other accused persons made assault due to which deceased died and from the record, it also reflects, as per prosecution, applicant and co-accused Virendra were having wooden sticks in their hands but it reflects, there is delay of more than 30 hours in lodgment of the FIR. 13. Further, incident is said to have taken place in the night at about 11:00 p.m. and dead body of the deceased was found on the terrace and considering this fact coupled with the delay in lodging the FIR, the argument advanced by learned counsel for the applicant cannot be completely ruled out at this stage. 14. Further, however, post-mortem report suggests that deceased sustained as many as seven injuries but it reflects, he died due to injury no.2 and there is no evidence that applicant is the author of this injury. 15. Further, applicant is not having any criminal history and he is in jail in the present matter since August, 2024 i.e. for last almost eight months. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant- Omkar 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. 19. 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. 20. 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 :- 28.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad