Neutral Citation No. - 2025:AHC:75170 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9746 of 2025 Applicant :- Yuvraj Alias Motu Opposite Party :- State of U.P. Counsel for Applicant :- Satish Kumar Shukla Counsel for Opposite Party :- G.A.,Nagendra Kumar Singh Hon'ble Sameer Jain,J. 1. Counter affidavit filed by State is taken on record. 2. Heard Sri Ajay Kumar Mishra, learned Advocate holding brief of Sri S.K. Shukla, learned counsel for the applicant, Sri N.K. Singh, learned counsel for the informant and Sri Santosh Nigam, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 519 of 2024, under Sections 191(2), 115(2), 352, 105, 117(2) BNS, Police Station- Soron, District- Kasganj, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, as per allegation, applicant and four others made assault due to which, from the side of informant five persons sustained injuries and one person died but entire allegation levelled against the applicant is totally false and it reflects, on the basis of general allegation, applicant has been roped in the present matter along with four others. 5. He further submitted that actually informant side was the real aggressor and due to assault made by them from the side of applicant four persons sustained injuries. He further submitted that however, from the side of applicant also a FIR was lodged against the informant side but their FIR was lodged after the order passed by the court concerned, therefore, it appears, it is a case of free fight and for the death of the deceased, applicant cannot be held liable. 6. He further submitted that however, apart form the present case, applicant is having criminal history of one another case but that case relates to minor offence. 7. He further submitted that applicant is in jail in the present matter since 30.10.2024 i.e. for last more than six months. 8. Per contra, learned AGA as well as learned counsel for informant opposed the prayer for bail and submitted that it is a case in which due to assault made by applicant and others five persons sustained injuries and one person died but could not dispute the fact that on the basis of general allegation, applicant has been roped in the present matter and form the side of applicant also four persons sustained injuries. They further could not dispute the fact that in the present matter, applicant is in jail for last more than six months. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, due to assault made by applicant and others five persons sustained injuries and one person died but it reflects, only general allegations have been levelled against all the accused. 11. Record also suggests that from the side of applicant also four persons sustained injuries and a FIR was also lodged against the informant side by the side of applicant. 12. Further, however, apart form the present case, applicant is having criminal history of one another case but that case relates to minor offence. 13. Further, applicant is in jail in the present matter since 30.10.2024 i.e. for 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- Yuvraj Alias Motu 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 :- 8.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad