Neutral Citation No. - 2025:AHC:57771 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11840 of 2025 Applicant :- Praveen Kewat Opposite Party :- State of U.P. Counsel for Applicant :- Anand Vikram,Harish Kumar Yadav,Krishna Gopal Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Harish Kumar Yadav, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 230 of 2024, under Section 302 IPC, Police Station Naini, District Prayagraj, during pendency of the trial in the court below. 3. FIR of the present case was lodged against unknown person with regard to the murder of the brother of the informant. 4. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation when statement of one Ajay Nishad was recorded then he stated that on 16.4.2024 at about 8 p.m. in the evening when he alongwith Suraj Nishad was passing through road then on the way he witnessed that applicant alongwith other co-accused persons made assault upon the deceased. 5. He further submitted that however as per eye witness Ajay Nishad his friend Suraj Nishad was also alongwith him but surprisingly Investigation Officer during investigation did not record his statement. 6. He further submitted that from the statement of the sole eye- witness Ajay Nishad it reflects that at the time of incident applicant and other accused were under intoxication and he did not assign any weapon to any of them and from the post mortem report, it reflects that deceased sustained number of injuries but possibility could not be ruled out that under intoxication during dispute assault was made due to which deceased died and considering the statement of the eye witness Ajay Nishad it could not be reflected that applicant and other accused were having intention to commit murder. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 4.12.2024. 8. Per contra, learned AGA opposed the prayer for bail and submitted that witness Ajay Nishad is the eye witness and he categorically disclosed the name of the applicant and others and stated that they were making assault upon the deceased but he could not dispute the fact that even as per the statement of Ajay Nishad at the time of incident applicant and others were under intoxication and he did not assign any weapon to any of the accused. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, nobody was named in the FIR but when the statement of eye witness Ajay Nishad was recorded then he disclosed the name of the applicant and other accused and however, from his statement it reflects that according to him, applicant and other accused persons were making assault upon the deceased and post mortem report also suggests that deceased sustained as many as 8 injuries but it reflects that he sustained only one contusion on his head and considering the fact that as per sole eye witness Ajay Nishad, at the time of incident applicant and other accused persons were under intoxication, the argument advanced by learned counsel for the applicant that it appears under intoxication applicant and others caused injuries to the deceased and due to which unfortunately he died and they were not having intention to cause his death cannot be ruled out at this stage specially considering the fact that no weapon has been assigned to any accused. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 4.12.2024. 12. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application of an accused 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-Praveen Kewat, 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. 16. 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. 17. 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 :- 18.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad