Neutral Citation No. - 2025:AHC:64683 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11025 of 2025 Applicant :- Vansh Sahu Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Mani Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. None appeared on behalf of the informant even in the revised call. 2. Heard Sri Krishna Mani, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 180 of 2024, under Sections 191(2), 191(3), 190, 109, 115, 352, 351(2) and 103(1) BNS, Police Station Kundhiyara, District Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false, general and omnibus allegations, applicant has been made accused in the present matter alongwith as many as 11 persons. 4. He further submitted that however, it is a case in which one person died and four persons sustained injuries but post mortem report suggests that deceased sustained only four injuries and therefore, prima facie, it appears to be a case of over implication. 5. He further submitted that however, co-accused Maya Devi who was also named in the FIR was female but she has been released on bail by this Court vide order dated 7.4.2025 passed in Crl. Misc. Bail Application No. 8678 of 2025 and as far as allegation of assault is concerned, case of applicant is at par with her. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 15.10.2024 i.e. for last more than 6 months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation due to the assault made by applicant and others, one person died and four persons sustained injuries but considering the number of accused persons and number of injuries sustained by the deceased, 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. 10. Further, only general and omnibus allegations have been levelled against all the accused and even neither in the FIR nor in the statements of the witnesses any specific weapon has been assigned to any of them. 11. Further, co-accused Maya Devi who was although lady, has been released on bail by this Court and as far as allegation of assault is concerned, the case of applicant is at par with her and applicant is having no criminal history and he is in jail in the present matter since 15.10.2024 i.e. for last more than 6 months. 12. Further, law is settled that unless proven guilty, an accused is deemed to be innocent and bail application should not be dismissed for punitive purposes. 13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Vansh Sahu, 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. 15. 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. 16. 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 :- 28.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad