Neutral Citation No. - 2025:AHC:38187 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8957 of 2025 Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar,Paritosh Sukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Ajay Kumar Srivastava, Advocate filed his power on behalf of the informant, which is taken on record. 2. Heard Sri Paritosh Sukla, learned counsel for the applicant; Sri Ajay Kumar Srivastava, learned counsel for the informant and Dr. S. B. Maurya, learned AGA-I for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 579 of 2024, under Sections 191(2), 3(5), 352, 109, 103(1), 351(3) BNS, Police Station Garhmukhteshwar, District Hapur, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 1.11.2024 against the applicant and five others and according to the FIR on 31.10.2024 at about 7:00 pm in the evening applicant alongwith others ran over the tractor over the family members of the informant due to which three persons sustained injuries and his father died. 5. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter. 6. He further submitted that however, in the FIR only general role has been assigned to all the accused persons but when the statements of witnesses were recorded during investigation including the statements of injured witnesses then they only attributed the role of exhortation to the applicant and role of causing injury through tractor has been assigned by them to co- accused Arun. 7. He further submitted that from the statements of injured witnesses, it is apparent that applicant did not cause any injury either to the deceased or to the injured persons. 8. He further submitted that however, apart from the present case applicant was having criminal history of one another case relates to sections 147, 332 IPC but it was a case when applicant was juvenile. 9. He further submitted that applicant is in jail in the present matter since 2.11.2024. 10. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the other 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. However, as per version of the FIR applicant and other accused persons ran over their tractor upon the informant side due to which his father died and three persons sustained injuries but during investigation when the statement of witnesses including injured witnesses were recorded then they changed the version of the FIR and stated that actually co-accused Arun caused injuries to the deceased and to the injured persons through tractor and they only attributed the role of exhortation to the applicant. 13. Further, however it reflects apart from the present case, applicant is having criminal history of one another case but that case relates to section 147, 323 IPC and it also reflects that at the time of that case, applicant was juvenile. 14. Further, in the present matter, applicant is in jail since 2.11.2024. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is 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 applicant-Aman, 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. 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 applicant. 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 :- 18.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad