Neutral Citation No. - 2025:AHC:87094 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5736 of 2025 Applicant :- Saurabh Parashar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pranshu Tripathi,Prashant Shukla Counsel for Opposite Party :- G.A.,Gaurav Srivastav,Rajesh Kumar Srivastava Hon'ble Sameer Jain,J. 1. Heard Sri Prashant Shukla, learned counsel for the applicant, Sri Rajesh Kumar Srivastava, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 206 of 2022, under Sections 302, 504, 506, 34, 120B IPC, Police Station Bah, District Agra during pendency of the trial. 3. FIR of the present case was lodged against applicant and three others and according to the FIR on 17.10.2022 at about 5.00 PM in the evening when husband of the informant was returning home along with his daughter then on the way applicant and other accused made assault through Farsa and sharp edge weapon and due to the assault made by them he sustained injuries and died. 4. Learned counsel for the applicant submits, from the FIR it reflects, only general allegation has been leveled against all the accused. 5. He further submits, when the statement of the son of the deceased was recorded then he specifically stated that co-accused Kamal Kishore was the person who caused head injury to the deceased through spade. He next submits, there is no specific allegation against the applicant. 6. He further submits, however, bail application of Kamal Kishore has been dismissed by this Court vide order dated 02.12.2023 passed in Criminal Misc. Bail Application No.20603 of 2023 but considering the statement of the son of the deceased case of applicant is distinguishable from him. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 30.01.2023 i.e. for last more than two years. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted it is day light incident in which all the accused persons including applicant equally participated and applicant has not come with clean hand and intentionally he did not annex the statement of the daughter of the deceased, who was along with the deceased at the time of incident, therefore, considering the totality of facts and circumstances of the case and considering the conduct of the applicant that he tried to conceal the relevant material, he should not be released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. It is day light incident in which one person died and applicant is named in the FIR. However from the statement of the son of the deceased, it reflects, he attributed the role of causing injury to the deceased to co-accused Kamal Kishore but even from his statement complicity of applicant is quite apparent. 11. Further, as per prosecution at the time of incident along with deceased his daughter was accompanying him but surprisingly her statement has not been annexed along with instant bail application and considering this fact, the argument advanced by learned AGA as well as learned counsel for the informant that applicant tried to conceal the relevant material, cannot be ruled out. 12. Further, bail application of co-accused Kamal Kishore has already been dismissed by this Court. 13. Further, in the present matter applicant is however in jail since since 30.01.2023 i.e. for last more than two years but considering the nature of allegation leveled against the applicant and other accused and his conduct that he tried to conceal the relevant material, in my view, it is not proper to release the applicant on bail. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 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 :- 22.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad