Neutral Citation No. - 2025:AHC:30540 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7354 of 2025 Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ram Milan Dwivedi, learned Advocate holding brief of Sri Kapil Tiwari, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.215 of 2024, under Section 302 IPC, Police Station Ujhani, District Budaun during pendency of the trial. 3. FIR of the present case was lodged on 05.05.2024 against the applicant and three others and according to FIR on 05.05.2024 at about 5.30 PM in the evening when father of the informant was going towards his field on the way applicant and others made assault upon him through kick and fist and wooden sticks due to which he sustained injuries and died. 4. Learned counsel for the applicant submits, from the FIR and the statement of informant it reflects he was not an eye witness however as per prosecution Ombeer and Amar Singh were the eye witnesses and they however stated that applicant along with others made the assault but from the statements of other witnesses namely, Laxmi Chand, Hukum Singh, Anokhe Lal and Munni Devi it reflects applicant was not even present at the spot and dispute arose between the deceased and Surjeet due to which he died and this fact clearly suggest that due to previous enmity informant disclosed the name of the applicant along with others in the FIR and thereafter the two eye witnesses also started making allegation against him and actually he did not participate in the instant crime. 5. He next submits, even only general role has been assigned to all the accused by the alleged two eye witnesses. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 30.05.2024. i.e. for last more than nine 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, it reflects applicant was named in the FIR and according to the FIR he along with others made assault upon the father of the informant due to which he died but it reflects informant was not eye witness of the incident. 10. Further, however, from the record it reflects Ombeer and Amar Singh were the eye witnesses and they stated that applicant along with others participated in the instant crime but it reflects only general role has been assigned by these witnesses to all the accused. 11. Further, from the statements of Laxmi Chandra, Hukum Singh, Anokhe Lal and Munni Devi it reflects applicant was not even present at the spot and considering the statements of these witnesses, the statements of alleged eye witnesses Ombeer and Amar Singh become doubtful. Further, considering the fact that however informant was not even eye witness but in spite of that he disclosed the name of the applicant and others as accused in the FIR possibility of false implication of the applicant cannot be ruled out at this stage. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 30.05.2024. i.e. for last more than nine months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant -Sachin 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. 16. 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. 17. 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 :- 3.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad