Neutral Citation No. - 2025:AHC:35983 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8493 of 2025 Applicant :- Dilshad Alias Sahil Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Anil Kumar Mishra, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 585 of 2024, under Sections 103(1) and 3(5) BNS, Police Station Kotwali Shamli, District Shamli, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 8.10.2024 against to named accused (non applicant) and one unknown person and according to the FIR, son of the informant aged about 16 years had gone from his home and thereafter named accused persons alongwith his unknown associates caused injuries to him. 4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under section 109 BNS but after the death of the injured, case was converted under sections 103(1), 3(5) BNS. 5. He further submitted that before the death of the injured his statement was recorded which has been annexed at page-33 of the paper book and from its perusal it reflects that he disclosed the name of two named accused Adnam and Sahil. 6. He further submitted that applicant is Dilshad@Sahil resident of district Hamirpur while from the statement of deceased, it reflects that he disclosed the name of Sahil who was resident of district Muzaffarnagar. 7. He further submitted that the name of the applicant was disclosed during investigation through the statement of the informant but admittedly it is a case in which no one can see the real incident. 8. He further submitted that as deceased did not even disclose the name of the applicant, therefore, there is no cogent evidence against him on record which can connect him with the instant matter. 9. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 17.10.2024. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. From the perusal of the record, it reflects that applicant was not named in the FIR but during investigation through the statement of the informant he has been made accused in the present matter but admittedly informant was not eye witness. 13. Record further suggests that before the death of the deceased his statement was also recorded and from his statement, which has been annexed alongwith the instant bail application, it reflects that he disclosed the name of co-accused Adnam and Sahil resident of Muzaffarnagar. 14. However, name of the applicant is also Dilshad @ Sahil but he is the resident of Hamirpur and considering this fact and the statement of the informant recorded during investigation, it is apparent that deceased did not disclose the name of the applicant in his statement and it appears from the record that there is no cogent evidence against him which can connect him with the instant crime matter. 15. Further, applicant is having no criminal history and he is in jail in the present matter since 17.10.2024. 16. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Dilshad Alias Sahil, 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. 19. 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. 20. 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 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad