Neutral Citation No. - 2025:AHC:41910 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9546 of 2025 Applicant :- Abid Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pankaj Satsangi, learned Advocate holding brief of Sri Ravi Shankar Tripathi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, 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) 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 8:00 A.M. in the morning, applicant and other accused persons made assault upon the wife of the informant due to which, she sustained injuries and during treatment, she died on 12.10.2024. 4. Learned counsel for the applicant submitted that applicant is innocent and on the basis of false allegation, he has been made accused in the present matter after the death of the deceased. 5. He further submitted that it is a case, in which, immediately after the incident, deceased herself lodged a NCR on 11.10.2024 at about 12:17 hours, which has been annexed at page no. 22 of the paper book and from its perusal, it reflects, in the NCR, she did not even disclose the name of the applicant and according to her, co-accused Arif, Nazama and Poonam caused injury to her but after her death when FIR of the present case was lodged then her husband i.e. informant of the case also implicated the applicant and this fact clearly suggests that applicant has been falsely made accused in the present matter. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 16.10.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation made in the FIR, applicant along with three others made assault upon the wife of the informant, due to which, she sustained injuries and died but before her death, deceased herself lodged a NCR with regard to alleged incident and in the NCR, she did not make any allegation against the applicant and she made allegation only against co-accused Arif, Nazama and Poonam and considering this fact, the argument advanced by learned counsel for the applicant with regard to innocence of the applicant and his false implication, cannot be completely ruled out at this stage. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 16.10.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is 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 applicant- Abid 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. 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 applicant. 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 :- 21.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad