Neutral Citation No. - 2025:AHC:40353 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9321 of 2025 Applicant :- Mani Shankar Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Kumar Srivastava,Sunil Prakash Anand Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Neeraj Kumar Srivastava, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.162 of 2024, under Sections 333,115(2), 352 and 105 BNS, Police Station Khiri, District Yamuna Nagar (Commissionerate Prayagraj) during pendency of the trial. 3. Learned counsel for the applicant submits that as per allegation made in the FIR, applicant, who is 'jeth' of the informant along with her 'dever' made assault upon her and her maternal uncle and due to assault made by them both sustained injuries. 4. He further submits that initially FIR of the present case was lodged under Sections 74, 333, 115(2) and 352 BNS but after the death of maternal uncle of the informant, case was converted under Section 105 BNS. 5. He further submits that informant in the FIR and in her first statement recorded under Section 180 BNSS made only general allegation but when her second statement during investigation was recorded then she stated that applicant caused injuries to her maternal uncle. It is further submitted that when the statement of the informant under Section 183 BNSS was recorded then she introduced number of other accused persons and considering her statements recorded during investigation it reflects that she is not reliable witness and, therefore, no reliance can be placed upon her. 6. He further submits that only due to matrimonial dispute applicant has been made accused in the present matter along with his younger brother. 7. He further submits that co-accused Jay Shankar Nishad, younger brother of the informant, has already been released on bail by this Court vide order dated 14.2.2025 passed in Criminal Misc.Bail Application No. 1786 of 2025. 8. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 7.9.2024, i.e., for the last more than six months. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation applicant along with his younger brother made assault and due to assault made by them, informant, who was wife of his younger brother and her maternal uncle sustained injuries and subsequently maternal uncle of the informant died but from the record it reflects that at different stages informant, who was although injured witness, changed her version and considering this fact the argument advanced by the learned counsel for the applicant that she is not reliable witness cannot be ruled out at this stage. 12. Further, co-accused Jay Shankar Nishad, 'dever' of the informant has already been released on bail by this Court with a very detailed order. 13. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 7.9.2024, i.e., for the last more than six months. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Mani Shankar Nishad 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. 17. 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. 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 :- 20.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad