Neutral Citation No. - 2025:AHC:35459 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8571 of 2025 Applicant :- Raja Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Singh,Sudheer Rana Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Ms. Aneeta Singh, learned Advocate apprised the Court that yesterday she filed her power on behalf of the informant in the Registry of this Court, therefore, her name is not shown in the cause list. However, she submits, she is ready to argue the case. 2. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant, Ms. Aneeta Singh, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 387 of 2024, under Sections 115(2), 351(2), 117(2), 105 B.N.S., Police Station Kerakat, District Jaunpur during pendency of the trial. 4. FIR of the present case was lodged on 13.10.2024 against applicant and one another and according to the FIR on 08.10.2024 at about 9.30 PM in the late night applicant along with co-accused made assault upon the son of the informant through kick and fist due to which he sustained injuries. 5. Learned counsel for the applicant submits, however, incident is said to have taken place on 08.10.2024 but in spite of that FIR was lodged on 13.10.2024 i.e. after five days and this inordinate delay in lodging the FIR itself suggests that it is based on false facts. 6. He further submits, deceased died on 08.11.2024 i.e. after one month from the date of alleged incident and as per post mortem he died due to Coma, therefore, at this stage it cannot be said that due to the assault made by the applicant and others on 08.10.2024 he died. 7. He further submits, even as per prosecution applicant did not use any weapon and assault was made through kick and fist, therefore, it cannot be said that applicant was having any intention to cause death of the deceased and present case does not travel beyond Section 105(II) B.N.S. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 05.12.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted, there is also statement of the injured since deceased on record and from its perusal it reflects that he stated that applicant and co-accused Suddu made assault upon him but they could not dispute the fact that FIR of the present case was lodged after five days of alleged incident and deceased died after one month from the date of alleged incident. They further could not dispute the fact that even as per injured since deceased applicant and one another made assault through kick and fist and even he died due to Coma. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, applicant made assault upon the son of the informant along with one another and similar allegation was leveled by the injured also before his death in his statement but it reflects that even as per allegation applicant and another accused made assault through kick and fist and deceased died after one month due to Coma and considering this fact, the argument advanced by learned counsel for the applicant that applicant was not having any intention to cause death of the deceased and present case does not travel beyond Section 105(II) B.N.S. cannot be ruled out at this stage. 12. Further, FIR of the present case was lodged after five days. Further, applicant is not having any criminal history and in the present matter he is in jail since 05.12.2024. 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 - Raja 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 :- 11.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad