Neutral Citation No. - 2025:AHC:67273 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5848 of 2025 Applicant :- Tufani Opposite Party :- State of U.P. Counsel for Applicant :- Bishram Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Bishram Tiwari, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 505 of 2024, under Sections 115(2), 352, 117(2) and 105 BNS, Police Station Nebua Naurangiya, District Kushi Nagar, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 3.11.2024 against the applicant and according to the FIR on 26.10.2024 applicant made assault upon the husband of the informant due to which his back bone and neck bone were fractured. 4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under sections 110, 115(2), 352, 117(2) BNS but when injured died on 18.12.2024 then case was converted under section 105 BNS. 5. He further submitted that incident is said to have taken place on 26.10.2024 but in spite of that FIR was lodged on 3.11.2024 and no explanation in this regard has been given by the prosecution. 6. He further submitted that however as per prosecution, deceased after the incident was admitted to hospital and was discharged on 30.10.2024 and he died on 18.12.2024 and from the post mortem report, it reflects that he died due to septicemia and therefore, it cannot be said that applicant was responsible for his death. 7. He further submitted that however during investigation before the death of the deceased his statement was also recorded by the Investigating Officer and in his statement, he reiterated the version of the FIR but it reflects as his wife had already disclosed the name of the applicant in the FIR and he was having enmity with the applicant, therefore, he reiterated the version of the FIR. He further submitted that at the time of recording his statement, deceased was not having any idea that in near future he will die and therefore, his statement recorded during investigation can not be treated as his dying declaration and its sanctity cannot be at par like dying declaration. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 23.12.2024. 9. Per contra, learned AGA opposed the prayer for bail and submitted that deceased before his death categorically stated against the applicant but he could not dispute the fact that FIR of the present case was lodged after seven days and deceased died due to septicemia after more than one and half months from the date of incident. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation applicant caused injury to the deceased due to which he died and there is also statement of the deceased recorded investigation by the Investigating Officer in which he stated against the applicant but it reflects that deceased died after one and half months from the date of incident and as per the post mortem, he died due to septicemia. Considering this fact the argument advanced by learned counsel for the applicant that it cannot be said that applicant was having any intention to cause death of the deceased cannot be ruled out, at this stage. 12. Further, FIR of the present case was lodged after 7 days and enmity between both the sides is admitted. 13. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purposes. 14. Further, applicant is having no criminal history and he is in jail in the present matter since 23.12.2024. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Tufani, 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. 18. 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. 19. 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 :- 30.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad