Neutral Citation No. - 2025:AHC:73915 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7207 of 2025 Applicant :- Gaurav Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhan Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Chandra Bhan Kushwaha, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 510 of 2024, under Sections 103(1), 115(2), 352, 351(2) BNS, Police Station- Aonla, District- Bareilly, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false and general allegation, applicant has been made accused in the present matter along with two others. 4. He further submitted that however, when the statement of the informant was recorded then he stated that applicant was the person, who caused head injury to the deceased but entire allegation levelled against the applicant is totally false. He further submitted that it appears, during investigation informant developed this fact. 5. He further submitted that even from perusal of the post-mortem report, it reflects, however, deceased sustained three injuries but two injuries were abrasions and third injury i.e. injury no.2 was contusion, which was on his skull, therefore, it appears, he died due to injury no.2. He next submits, even post-mortem report suggests, applicant was not having any intention to cause death of the deceased. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 10.10.2024 i.e. for last more than six months. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, from the statements of the informant and other witnesses, it reflects, applicant was the person, who caused head injury to the deceased but in the FIR only general allegation has been made against applicant and others. 10. Further, post-mortem report of the deceased suggests that however, he sustained three injuries but two injuries were abrasions and it appears, he died due to injury no.2 and considering this fact, the argument advanced by learned counsel for the applicant that even post-mortem report does not indicate that applicant was having any intention to cause death of the deceased, cannot be completely ruled out at this stage. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 10.10.2024 i.e. for last more than six months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is 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 applicant- Gaurav Kumar 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. 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 applicant. 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 :- 7.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad