Neutral Citation No. - 2025:AHC:78601 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13984 of 2025 Applicant :- Hariman Opposite Party :- State of U.P. Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Today, power has been filed on behalf of Sri Shadab Alam, learned Advocate for the informant, which is taken on record. 2. Heard Sri Jagadish Prasad Yadav, learned counsel for the applicant, Sri Pravesh Kumar, learned Advocate holding brief of Sri Shadab Alam, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 10 of 2025, under Sections 3(5), 115(2), 109, 103(1), 351(2), 352 BNS, Police Station- Phoolpur, District- Azamgarh, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation, when the statement of the informant was recorded then he raised suspicion against the applicant and thereafter, when the statement of the injured Vijay was recorded during investigation then he stated that applicant along with three others made assault upon him and deceased through wooden sticks but his statement was recorded after the statement of the informant, in which, he had already raised suspicion against the applicant, therefore, no reliance can be placed on his statement. 5. He further submitted that if applicant would have participated in the alleged incident then injured earlier would have disclosed his name. He further submitted that it reflects, subsequently on the basis of false allegation, applicant has been made accused in the present matter. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 10.01.2025. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that it is a case, in which, one person died and one person sustained injury and even injured disclosed the name of the applicant and three others but could not dispute the fact that before recording his statement, informant in his statement had already disclosed the name of the applicant on the basis of suspicion. They further could not dispute the fact that injured did not sustain such injury, due to which, he could not give his statement earlier. They further could not dispute the fact that applicant is not having any criminal history. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, it is a case in which, as per allegation, due to assault made by applicant and three others, one person died and one person sustained injury but it reflects, applicant was not named in the FIR. 10. Further, however, record suggests that when the statement of the injured Vijay was recorded than he disclosed the name of the applicant and three others but record also suggests that even before recording his statement, informant, on the basis of suspicion, had already disclosed the name of applicant in his statement recorded during investigation. Considering this fact, the argument advanced by learned counsel for the applicant with regard to veracity of statement of the injured Vijay, cannot be completely ruled out at this stage. 11. Further, even from the statement of injured, it reflects only general allegation has been levelled by him against all the accused. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 10.01.2025. 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- Hariman 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 :- 13.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad