Neutral Citation No. - 2025:AHC:62454 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5766 of 2025 Applicant :- Deepak And Another Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Shri Bhupendra Singh, Advocate has filed his power on behalf of informant which is taken on record. 2. Heard Shri Vimal Kumar, Advocate holding brief of Shri Satyendra Kumar Singh, learned counsel for the applicants, Shri Bhupendra Singh, learned counsel for the informant and Shri Kunwar Tejendra Bahadur, learned A.G.A. for the State.. 3. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 278 of 2024, under Sections 115(2), 351(2), 118(2) and 105 B.N.S., Police Station Friends Colony, District Etawah, during pendency of the trial. 4. Learned counsel for the applicants submits, initially F.I.R. of the present case was lodged under Section 351(2) and 115(2) BNS and applicants have already been released on bail in the present matter for both the above offences but during investigation when injured Kamlesh died then case was converted under Section 105 B.N.S.. 5. He further submits, however, as per allegation, applicants along with three others made assault due to which one person died and one person sustained injuries and there is also statement of deceased Kamlesh on record recorded by the Investigating Officer and neither from the statement of deceased nor from the statements of any other witness including injured it could be reflected that either applicants or any other accused used any sharp-edged weapon but from the medical report of deceased Kamlesh it reflects that, however, he sustained number of injuries but except injury no.1, all the injuries were on non-vital parts and injury no.1 was the incised wound which according to the doctor was caused by sharp-edged weapon. He next submits post-mortem report indicates, deceased died due to head injury, and therefore, it reflects deceased died due to incised wound sustained by him on his parietal region but as applicants and others were having blunt object, therefore, this injury cannot be attributed to them and therefore, it reflects on the basis of false allegation, applicants and others have been made accused in the present matter and deceased and injured sustained injuries in some other manner. 6. He further submits, applicants are not having any criminal history and in the present matter they are in jail since 09.12.2024. 7. Per contra, learned A.G.A as well as counsel for the informant opposed the prayer for bail and submits, there is statement of deceased also on record recorded by Investigating Officer before his death and in his statement he stated that applicants and three others made assault upon him but they could not dispute the fact that even according to the deceased assault was made by wooden stick. They further could not dispute the fact that neither deceased, nor injured nor any other witness stated that applicants and others also used any sharp-edged weapon and record suggest deceased died due to incised wound sustained by him on his head. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record it reflects, initially F.I.R. of the present case was lodged under Section 351(2) and 115(2) B.N.S. but after the death of injured Kamlesh case was converted under Section 105 BNS. 10. Further, however, as per allegations, applicants and three others made assault due to which deceased died and one person sustained injuries and it also reflects before his death when Investigating Officer recorded the statement of deceased then he also stated that applicants and three others made assault upon him but neither deceased nor any other witness including injured witness could state that applicants and others also used sharp- edged weapon and they categorically stated applicants and others used wooden stick but from the medical report of the deceased, it reflects, however, he sustained number of injuries but injury no.1 was on parietal region which was incised wound and it appears he died due to this injury and as there is no evidence that applicants and other accused used sharp-edged weapon, therefore, argument advanced by learned counsel for the applicants that it appears deceased and injured sustained injury in some other manner, cannot be ruled out at this stage. 11. Further, applicants are not having any criminal history and in the present matter they are in jail since 09.12.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are 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 applicants - Deepak and Mangal 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants 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 applicants. 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 :- 23.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad