Neutral Citation No. - 2025:AHC:41711 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9532 of 2025 Applicant :- Ram Tapeshwar Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Narain Pathak,R.K.Paramhans Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri M.N. Pathak, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 316 of 2024, under Sections 191(2), 115(2), 103(1), 351(3), 352 B.N.S., Police Station Barhaj, District Deoria during pendency of the trial. 3. FIR of the present case was lodged against applicant and others and according to the FIR on 11.11.2024 at about 6.00 PM in the evening applicant and others, who were collateral of the informant made assault upon her father and due to the assault made by them, he sustained injuries and died. It is further mentioned in the FIR that in the incident two others also sustained injuries. 4. Learned counsel for the applicant submits, on the basis of false, general and omnibus allegation, applicant has been mad accused in the present matter along with as may as six others. 5. He further submits, however, as per prosecution in the incident apart from the deceased two others also sustained injuries but from their injury reports, it reflects, they sustained simple injuries. He further submits, even from the statements of injured witnesses it reflects, they only attributed general role to all the accused. 6. He further submits, from the post mortem of the deceased, it reflects, he sustained three injuries out of which one was lacerated wound on his fronto parietal region and other two were contusions and this fact suggests actually it is a case of over implication. 7. He further submits, co-accused Sonmati Devi, who was although lady has been released on bail by this Court vide order dated 12.03.2025 passed in Criminal Misc. Bail Application No. 8672 of 2025 and as far as incident of assault is concerned, case of applicant is at par with her. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 13.11.2024. 9. Per contra, learned AGA opposed the prayer for bail and submits, as applicant is male, therefore, he cannot claim parity with co-accused Sonmati Devi, however, he could not dispute the fact that only general role has been assigned by the witnesses to all accused. 10. Learned AGA further could not dispute the fact that both the injured sustained minor injuries and however as per allegation as many as seven persons made assault to deceased but deceased sustained only three injuries. Learned AGA further could not dispute the fact that applicant is not having any criminal history and in the present matter he is in jail since 13.11.2024. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per the allegation due to the assault made by the applicant and others two persons sustained injuries and one person died but it reflects, only general allegations have been leveled against all the accused and considering the nature of injuries sustained by the injured and deceased and number of accused, the argument advanced by learned counsel for the applicant that prima facie it appears to be a case of over implication, cannot be ruled out at this stage. 13. Further, co-accused Sonmati Devi has already been released on bail by this Court and however she was lady but as far as incident of assault is concerned case of applicant is at par with her. 14. Further, applicant is not having any criminal history and in the present matter he is in jail since 13.11.2024. 15. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail should not be dismissed for punitive purpose. 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 - Ram Tapeshwar 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 :- 21.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad