Neutral Citation No. - 2025:AHC:41168 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9579 of 2024 Applicant :- Gabbar @ Virendra Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Sisodia,Sunil Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Raj Kamal Tripathi, learned Advocate holding brief of Shri S.K. Srivastava, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 201 of 2023, under Sections 302, 323, 325, 504, 34 IPC, Police Station- Visharatganj, District- Bareilly, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 24.12.2023 against applicant and two others and according to FIR, on 23.12.2023 in the late evening, applicant along with two others made assault upon the brother of the informant and others and due to assault made by them one Nanhe died and Mukesh and Surjeet sustained injuries. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. He further submitted that applicant neither caused any injury to the deceased nor to the injured persons. He further submitted that however, from the post-mortem report, it reflects, deceased sustained as many as 15 injuries but only injury no. 1 appears to be on vital part and there is no evidence on record, which can suggests that applicant is the author of this injury. He further submitted that actually, deceased sustained injuries in some other manner but due to enmity, applicant has been made accused in the present matter. 5. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 26.12.2023 i.e. for last more than a year. 6. Per contra, learned AGA opposed the prayer for bail and submitted that it is a case, in which, two persons sustained injuries and one person died and injured persons categorically stated that applicant and others made assault upon them and deceased and post-mortem report also suggests that deceased sustained as many as 15 injuries, therefore, considering the nature of allegation levelled against the applicant and injury sustained by the injured persons and deceased, applicant should not be released on bail. 7. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, it appears, in the present matter, applicant is in jail since December, 2023 i.e. for last more than a year but allegation levelled against him is that due to assault made by him and others, one person died and two persons sustained injuries and post- mortem report of the deceased suggests that he sustained as many as 15 injuries and there is no reason to disbelieve the statements of the injured persons at this stage, therefore, I am not inclined to release the applicant on bail at this stage. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected at this stage. 10. 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 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad