Neutral Citation No. - 2025:AHC:68948 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5900 of 2025 Applicant :- Vijayee Opposite Party :- State of U.P. Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Ashfaq Ahmed Ansari, learned counsel for the applicant and Shri Jhamman Ram, learned A.G.A. for the State- respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.102 of 2024, under Sections 115(2), 352, 351(3), 105 B.N.S., Police Station Jamalpur, District Mirzapur, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 22.10.2024 against applicant and his wife and according to the FIR, on 22.10.2024 in the afternoon, applicant and his wife made assault upon the husband of the informant through wooden stick due to which he sustained injuries. 4. Learned counsel for the applicant submits that initially FIR of the present case was lodged under Sections 115(2), 352, 351(3) B.N.S. but after the death of the injured, case was converted under Section 105 B.N.S. 5. He further submits that from the FIR, it reflects, informant of the case was not the eye-witness and however, during investigation, I.O. recorded the statements of two witnesses Sanjeev Kumar Singh and Rahul Jaiswal and they claimed themselves to be eye-witnesses and they also stated against the applicant but their statements do not appear to be convincing. 6. He further submits that there was even no cogent and plausible motive against the applicant due to which he caused the death of the deceased. 7. He further submits that applicant is having no criminal history to his credit and he is in jail in the present matter since 26.10.2024. 8. Per contra, learned AGA vehemently opposed the prayer for bail and submit that from the statements of the eye-witnesses, it reflects, applicant was the principal accused, who caused injury to the deceased through wooden sticks and post-mortem report also corroborates their version, therefore, applicant should not be released on bail. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. Considering the statements of eye-witnesses and post-mortem report of the deceased, I am not inclined to release the applicant on bail at this stage. 11. Therefore, considering the facts and circumstances of the case, discussed above, the instant bail application is liable to be dismissed. 12. Accordingly, without expressing any opinion on the merits of the case, the instant second bail application filed by applicant- Vijayee is rejected at this stage. 13. 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/Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad