Neutral Citation No. - 2025:AHC:65532 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5033 of 2025 Applicant :- Sher Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mayank Yadav, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 503 of 2024, under Sections 115(2), 351(2), 105 B.N.S., Police Station Ujhani, District Budaun during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of general and omnibus allegation, applicant has been made accused in the present matter along with three others. He further submits, actually it is a case in which informant side was the real aggressor and due to the assault made by the informant side from the side of applicant two persons sustained injuries and from the side of applicant also a FIR was lodged against informant side but when they came to know about this fact then after one hour FIR of the present case was lodged. 4. He further submits, however, unfortunately from the side of informant one person died and one person sustained injuries but from perusal of the post mortem report of the deceased, it reflects, deceased sustained only single injury on his head and due to Coma he died and there is no evidence that applicant is the author of this injury. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 23.11.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation due to the assault made by the applicant and three others one person died and one person sustained injuries but it reflects, from the side of applicant also two persons sustained injuries and from the side of applicant also FIR was lodged against the informant side. 9. Further, from the side of applicant FIR was lodged on 06.11.2024 at 21.30 hours and after one hour FIR of the present case was lodged. 10. Further, from the post mortem report, it reflects, deceased died due to Coma as a result of head injury and he sustained only single injury and there is no evidence that applicant is the author of this injury. Further, only general role has been assigned to all the accused. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 23.11.2024. 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 - Sher Singh 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 :- 28.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad