Neutral Citation No. - 2025:AHC:12675 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 333 of 2025 Applicant :- Mangu Alias Sanjeev Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai,Gaurav Singh Counsel for Opposite Party :- Basdeo Nishad,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Amit Rai, learned counsel for the applicant, Sri Basdeo Nishad, learned counsel for the informant 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. 394 of 2024, under Sections 115(2), 352, 103(1) B.N.S., Police Station Budhana, District Muzaffar Nagar during pendency of the trial. 3. FIR of the present case was lodged on 22.09.2024 against applicant and two others and according to the FIR on 21.09.2024 applicant and two other named accused persons made assault upon the elder brother of the informant and co-accused Deepak caused injury on his right shoulder through spear and due to the injury caused by co-accused Deepak subsequently his elder brother died. 4. Learned counsel for the applicant submitted that applicant is innocent and on the basis of false allegation only being real brother of co-accused Deepak he has been made accused in the present matter. 5. He further submits, however, informant was not an eye witness but in the FIR he specifically mentioned that co-accused Deepak caused spear injury to the deceased. 6. He further submits, during investigation three persons Kavita, Deepak and Suraj claimed themselves to be the eye witnesses and when their statements were recorded then they however attributed only general role to all the accused but as deceased sustained only one incised wound, therefore, during investigation when query was made by the Investigating Officer from them, then they disclosed that actually co-accused Deepak caused spear injury to the deceased on the exhortation of applicant and co-accused Tillu, therefore, even according to the alleged eye witnesses co-accused Deepak caused injury to the deceased and applicant did not cause any injury to him. 7. He further submits, however, as per prosecution when applicant and co-accused Tillu were arrested then on their pointing out spear was recovered from the tube-well of one Sanjay but merely on the basis of recovery of spear, it cannot be said that applicant participated in the alleged crime. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 26.09.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Considering the argument advanced by learned counsel for the applicant and the fact that it appears even as per prosecution applicant did not cause any injury to the deceased and co-accused Deepak caused injury to him and applicant is not having any criminal history and in the present matter he is in jail since 26.09.2024, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Mangu @ Sanjeev 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. 14. 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. 15. 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 :- 24.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad