Neutral Citation No. - 2025:AHC:73119 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6860 of 2025 Applicant :- Pavan Kumar Rai @ Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Dr. Om Prakash Yadav Counsel for Opposite Party :- Azaz Ahmad,Bhupendra Kumar Pandey,Devendra Vikram Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ved Mani Sharma, learned Advocate holding brief of Sri Dr. Om Prakash Yadav, learned counsel for the applicant, Sri Azaz Ahmad, learned counsel for the informant and Sri Santosh Nigam, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 637 of 2024, under Sections 115(2), 352, 105, 3(5) and 61(2) BNS, Police Station- Kotwali, District- Azamgarh, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that, however, applicant is named in the FIR and according to the FIR, he along with 5-6 unknown persons made assault upon the husband of the informant, due to which he sustained serious injuries but entire allegation levelled against the applicant is totally false. 4. He further submitted that from the record, it reflects, informant and his niece Pallavi Rai were the eye-witnesses and from their statements recorded during investigation, which have been annexed along with the instant bail application, it reflects, role of causing injury to the deceased has not been assigned by them to the applicant and according to them, on the instigation of applicant and co-accused Yogendra Prasad Rai, other accused persons made assault, therefore, role of causing injury to the deceased has not been assigned to the applicant. 5. He further submitted that it reflects, applicant has been made accused in the present matter for the murder of the deceased with the aid of Section 61(2) BNS along with co-accused Yogendra Prasad Rai. He further submitted that co-accused Yogendra Prasad Rai, who was, although, not named in the FIR, has been released on bail by this Court vide order dated 24.03.2025 passed in Criminal Misc. Bail Application No. 9739 of 2025. He further submitted that as far as statements of eye-witnesses are concerned, case of applicant is at par with him. 6. He further submitted that however, applicant was not having any previous criminal history but with regard to earlier incident, informant side also lodged a FIR against applicant and others. 7. He further submitted that in the present matter, applicant is in jail since 04.12.2024. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that as per FIR, applicant along with 5-6 unknown persons made assault, due to which deceased sustained injuries and died but could not dispute the fact that when the statements of informant and his niece were recorded during investigation then they did not attribute the role of causing injury to the deceased to the applicant and it reflects, only allegation of conspiracy has been made against the applicant. 9. I have heard both the parties and perused the record of the case. 10. However, applicant is named in the FIR and as per allegation made in the FIR, he along with 5-6 unknown persons made assault, due to which, deceased sustained injuries and died but when the statements of informant and his niece were recorded then they changed the version of the FIR and stated that on the instigation of applicant and co-accused Yogendra Prasad Rai, other accused persons made assault upon the deceased, therefore, from their statements, it could not be reflected that applicant caused any injury to the deceased. Further, record shows that as per witnesses, only allegation against the applicant is of conspiracy. 11. Further, similar allegation was also made against co-accused Yogendra Prasad Rai, however, he was not named in the FIR but after considering entire facts of the case in detail, he has been released on bail by this Court. 12. Further, however, apart from the present case, applicant is also having criminal history of one another case but he was not having any previous criminal history and it appears, informant side with regard to earlier incident also lodged a FIR against him and others. 13. Further, in the present matter, applicant is in jail since 04.12.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Pavan Kumar Rai @ Rahul 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. 17. 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. 18. 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 :- 6.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad