Neutral Citation No. - 2025:AHC:31621 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7664 of 2025 Applicant :- Kuldeep And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ali Hasan,Ashutosh Kumar Gautam Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ali Hasan, learned counsel for the applicants and Sri Ashutosh Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 182 of 2024, under Sections 191(2), 191(3), 190, 333, 115(2), 103, 118(1), 351(3), 125, 3(5) B.N.S., Police Station Ghunghchihai, District Pilibhit during pendency of the trial. 3. FIR of the present case was lodged on 09.11.2024 against applicants and three others and according to the FIR due to previous enmity on 09.11.2024 at about 4:30 PM in the afternoon applicants and other accused persons after entering in the house of the informant made assault through wooden sticks and Banka (a type of sharp edge weapon) and due to the assault made by them grand father of the informant died and number of other persons sustained injuries. 4. Learned counsel for the applicants submitted that on the basis of false allegations only due to the reason that applicants are relative of one Sachin, who earlier enticed away the daughter of the informant, they have been made accused in the present matter and actually they never participated in the alleged incident. 5. He further submits, however, in the FIR only general role has been assigned to all the accused and as per informant in the incident accused persons used wooden sticks and Banka but when his statement was recorded during investigation along with others including the statements of injured witnesses then they specifically stated that applicants were having bricks in their hand and this fact clearly suggests that applicants have been falsely made accused in the present matter as it is hard to believe that after taking bricks they entered in the house of the informant along with others and made assault. 6. He further submits, however, in the alleged incident five persons also sustained injuries but their injury report suggests that they sustained simple injuries. 7. He further submits, however, applicant no.1 is having criminal history of one another case which is of the year 2018 but that case relates to minor offence. He further submits, applicant no.2 is having no criminal history and in the present matter applicants are in jail since 12.11.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Applicants are named in the FIR and as per allegations leveled against them in the FIR they are relatives of one Sachin, who enticed away the daughter of the informant and in this regard informant lodged FIR against him and only due to this enmity applicants along with others entered in the house of the informant and made assault and due to the assault made by them one person died and five persons sustained injuries. 11. From the FIR, it reflects as per informant accused persons were having wooden sticks and Banka in their hands and he attributed only general role to all the accused including applicants but when during investigation statement of the informant and injured witnesses were recorded then they specifically stated that applicants were having bricks in their hands. Considering this fact, the argument advanced by learned counsel for the applicants that there was absolutely no occasion for the applicants to carry bricks in their hands at the time when they entered in the house of the informant and this fact suggests that they have been falsely made accused in the present matter, cannot be ruled out at this stage. 12. Further, however, apart from the deceased it is alleged that five persons also sustained injuries but their injury report suggests that they sustained simple injuries. 13. Further, however, applicant no.1 is having criminal history of one another case but that case was of the year 2018 and that case relates to minor offence. 14. Further, applicant no.2 is not having any criminal history and in the present matter applicants are in jail since 12.11.2024. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicants - Kuldeep and Deepak 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 18. 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 applicants. 19. 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 :- 5.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad