Neutral Citation No. - 2025:AHC:60752 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4406 of 2025 Applicant :- Shahid Khan Opposite Party :- State of U.P. Counsel for Applicant :- Asif Hasan,Tufail Hasan Counsel for Opposite Party :- G.A.,Rajesh Yadav Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Ansar Ahmad, learned counsel for the applicant, Sri Rajesh Yadav, learned counsel for the informant and Sri Santosh Pandey, learned brief holder for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 639 of 2024, under Sections 105, 115(2) BNS, Police Station- Ramgarh, District- Firozabad, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that applicant is, however, named in the FIR along with two others and as per allegation, he along with others on minor issue made assault upon the husband of the informant due to which, he died but entire allegations levelled against the applicant are totally false. 5. He further submitted that admittedly none of the accused was having any weapon. He further submitted that even from the post- mortem report, it reflects, deceased sustained only single traumatic swelling on his chest and this fact again belies the prosecution case. He further submitted that after perusal of the post-mortem report, it cannot be said that applicant and other accused persons were having any intention to cause death of the deceased. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 29.10.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is named in the FIR and witness Dilshad is eye-witness and he specifically stated that applicant and two others made assault upon the deceased but both the counsels could not dispute the fact that even as per eye-witness, applicant and others were not having any weapon in their hands and postmortem report suggests that deceased sustained only single injury on his chest. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant and two others badly beaten the deceased through kick and fist due to which, he sustained injuries and died but postmortem report suggests that deceased sustained only single traumatic swelling on his chest and considering this fact, the argument advanced by learned counsel for the applicant that it cannot be said that applicant and others were having any intention to cause death of the deceased, cannot be completely ruled out at this stage. 10. Further, admittedly applicant and others were not having any weapon in their hands. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 29.10.2024 i.e. for last almost six months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Shahid Khan 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. 15. 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. 16. 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 :- 22.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad