HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4096 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant and Arimardan 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. 166 of 2024, under Sections 115(2), 352, 351(2), 333, 103(1), 3(5) of BNS, Police Station Hazratpur, District Budaun, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 13.10.2024 against applicant and three others and according to FIR on 11.10.2024 at about 8 AM in the morning applicant along with others entered in the house of informant with wooden sticks and made assault upon his wife. It is further mentioned in the FIR that the accused-applicant, Nazima pressed her neck through iron rod due to which she fainted and thereafter co-accused Poonam and Abid made assault upon her and due to the assault made by them during treatment the deceased died on 12.10.2024. 4. Learned counsel for the applicant submitted however applicant is named in the FIR but FIR of the present case was lodged on 13.10.2024 i.e. after two days from the date of alleged incident after the death of the injured. He next submitted immediately after the incident on 11.10.2024 deceased Vimla herself lodged an NCR against applicant and two others and according to her incident occurred on 11.10.2024 at 9 PM in the evening and in the NCR she did not assign any specific weapon to any of them. He next submitted on next date her medical was also conducted and as per medical report although she sustained four injuries but except injury no. 4, which was kept under Versus Counsel for Applicant(s) : Ravi Shankar Tripathi Counsel for Opposite Party(s) : G.A. Nazima .....Applicant(s) State of U.P. .....Opposite Party(s) observation, all the other injuries were simple. He next submitted that from her X-ray report dated 12.10.2024 it reflects nothing abnormal was detected. He next submitted that however when on 12.10.2024 Vimla Devi died then after that FIR of the present case was lodged on the basis of false allegation. He next submitted from the post-mortem report it reflects deceased sustained three injuries but it reflects she died due the to injury no. 2. He further submitted, however, post-mortem report does not support the version of the deceased which she made in her NCR but injury no. 2 has been assigned to the applicant. He next submitted, there is no evidence on record which can suggest that due to the injury caused by the applicant deceased died. He further submitted that even present case does not travel beyond Section 105 BNS. He next submitted applicant is not having any criminal history and he is in jail in the present matter since 25.10.2024 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. It is further submitted that the co-accused Arif has been granted bail by the Court vide order dated 10.04.2025 passed in Criminal Misc. Bail Application No.11795 of 2025, therefore, the applicant is also entitled to be released on bail. 5. Per contra, learned AGA as well as learned counsel for informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. As per post-mortem report it reflects, however, deceased died due to ante- mortem injuries and she sustained three ante-mortem injuries. Further, applicant is not having any criminal history and he is in jail in the present matter since 25.10.2024. 8. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, period of incarceration as well as mandate of the 1st Proviso of Section 480(1) of B.N.S.S. and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 9. Let the applicant, Nazima, 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:- BAIL No. 4096 of 2025 2 (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. 10. 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. 11. 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. September 16, 2025 pks BAIL No. 4096 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad