Neutral Citation No. - 2025:AHC:66850 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5662 of 2025 Applicant :- Vikrant Opposite Party :- State of U.P. Counsel for Applicant :- Faheem Ahmad,Mahima Tyagi,Sushil Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sushil Kumar Sharma, learned counsel for the applicant and Sri Manav Chaurasiya, learned AGA for the State- respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.274 of 2024, under Sections 191(2), 191(3), 190, 115(2), 118(1), 109, 333, 103(1) B.N.S., Police Station Khatauli, District Muzaffarnagar during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant was named in the FIR alongwith several others and according to the FIR, applicant and co-accused Vinit inflicted knife injuries to the deceased but entire allegation levelled against him is totally false, 4. He further submits that from the FIR and the statements of the witnesses, it reflects, incident occurred inside the house of the informant but from the site plan, which was prepared by the I.O., which has been annexed alongwith the supplementary affidavit, it reflects, applicant and other co-accused caused injuries to the deceased outside the house and therefore, it reflects, place of incident is disputed and this fact clearly suggests that on the basis of false allegation due to previous enmity, applicant has been made accused in the present matter. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 21.07.2024 i.e. for last more than nine months. 6. Per contra, learned AGA opposed the prayer for bail and submit that applicant is named in the FIR and there is specific allegation that he alongwith co-accused Vinit inflicted knife injuries to the deceased and post-mortem report of the deceased also supports the version of the FIR. 7. He further submits that however, from the site plan, it reflects, as per the I.O. accused persons caused injuries to the deceased outside the house and from the FIR and statements of the witnesses incident occurred inside the house of the informant but due to the mistake committed by I.O. entire prosecution cannot be discarded at this stage and therefore, applicant should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. As per allegation, applicant and others after entering in the house of the informant made assault and due to the assault made by them, one person died and there is specific allegation against applicant and co-accused Vinit that they inflicted knife injuries to the deceased and post-mortem report of the deceased also supports the prosecution case. 10. Further, however, from the site plan of the case, it reflects, as per the I.O. incident occurred outside the house but as per the FIR and statements of the witnesses incident occurred inside the house of the informant but this Court finds merit in the argument advanced by learned A.G.A. that I.O. on his own cannot show the place of incident in the site plan and therefore, it appears, either with the connivance of the accused intentionally I.O. changed the place of incident in the site plan or due to mistake inadvertently he shown place of incident outside the house, in both cases, no benefit can be extended to the accused persons. 11. Therefore, considering the facts and circumstances of the case, discussed above, the instant second bail application is liable to be rejected. 12. Accordingly, without expressing any opinion on the merits of the case, the instant second bail application filed by applicant- Vikrant is dismissed. 13. 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/Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad