Neutral Citation No. - 2025:AHC:37932 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8931 of 2025 Applicant :- Sachin Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ganesh Kumar, 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. 225 of 2024, under Sections 103(1) BNS, Police Station Nagar, District Basti, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 1.11.2024 against the applicant and according to the FIR on 1.11.2024 at about 5 pm in the evening, applicant caused injury upon the nephew of the informant through punch and knife and due to the assault made by applicant, he sustained injuries and died. 4. Learned counsel for the applicant submitted that admittedly informant of the case is not an eye witness and however, during investigation, Investigating Officer recorded the statement of some injured persons and some eye witnesses and they stated against the applicant but entire allegation levelled against the applicant is totally false. 5. He further submitted that actually witnesses Dharmendra and Vineet were making assault upon the applicant and in the meantime deceased arrived at spot and tried to reconcile the matter but they also caused injury to him due to which he died but after his death on the basis of false allegations, applicant has been made accused in the present matter. 6. He further submitted that in the incident even applicant sustained injuries and his injury report has been annexed alongwith the instant bail application and this fact, supports the defence version. 7. He further submitted that there was absolutely no occasion for the applicant to cause death of the deceased. 8. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 2.11.2024. 9. Per contra, learned AGA opposed the prayer for bail and submitted that it is a case in which due to the assault made by applicant, one person died and three persons sustained injuries and all the injured persons categorically stated that applicant committed the murder of the deceased by causing injuries to him. 10. He further submitted that post mortem report also suggests that deceased also sustained two punctured wounds and therefore, post mortem report fully corroborates the prosecution case. 11. He further submitted that however, from the medical report of the applicant, it reflects that he also sustained some injuries but his injuries were simple in nature and from his injuries, it could not be reflected that it was a case of free fight and therefore, considering the facts and circumstances of the case, he should not be released on bail. 12. I have heard learned counsel for the parties and perused the record of the case. 13. As per allegation due to the assault made by the applicant, nephew of the informant died and in the incident, as many as three others sustained injuries. 14. Further, Post mortem report of the deceased also corroborates the prosecution case. 15. However, from the record, it reflects that in the incident, applicant also sustained injuries but his injuries were simple in nature and considering the post mortem report of the deceased and injuries of the applicant, argument advanced by learned AGA that the present case does not appear to be a case of free fight cannot be ruled out, at this stage. 16. Therefore, considering the facts and circumstances of the case, discussed above, I am not inclined to release the applicant on bail. 17. Accordingly, the instant bail application stands rejected. 18. 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 :- 18.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad