Neutral Citation No. - 2025:AHC:79039 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13152 of 2025 Applicant :- Akhil Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Singh Pundir Counsel for Opposite Party :- Sameer Khan,G.A.,Shashi Kant Shukla Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Pawan Singh Pundir, learned counsel for the applicant; Sri Sameer Khan, learned counsel for the informant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 118 of 2025, under Sections 103(1), 131, 352, 191(2), 191(3) & 3(5) BNS, Police Station Sardhana, District Meerut, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged against co-accused Ritik and two unknown person under sections 131, 109 BNS but after the death of the injured, case was converted under section 103 BNS. 5. He further submitted that however, according to the FIR co- accused Ritik alongwith his unknown associate made assault upon the son of the informant through wooden stick due to which he sustained serious injuries but during investigation when the statement of the informant was recorded under section 180BNSS then he alongwith the co-accused Ritik also disclosed the name of four persons including applicant and this fact clearly suggests that on the basis of false allegation during investigation applicant has been made accused in the present matter as if applicant would have participated in the alleged incident alongwith co-accused Ritik then his name would have definitely been disclosed by the informant in the FIR. 6. He further submitted that even there is also statements of other eye witnesses but they did not disclose the name of the applicant and therefore, it reflects except the statement of the informant recorded during investigation, there is no evidence against the applicant on record. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 8.3.2025. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant and other accused persons badly beaten the deceased due to which he sustained serious injured and died and name of the applicant has been disclosed by the informant in his statement recorded during investigation alongwith others but they could not dispute the fact that when the informant lodged FIR of the present case then he did not disclose the name of the applicant and he only disclosed the name of co-accused Ritik. 9. They further could not dispute the fact that except the statement of the informant, there is no other evidence against the applicant on record as other witnesses did not disclose the name of the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, from the statement of the informant recorded during investigation, it reflects that applicant and others including co- accused Ritik made assault upon the deceased through wooden stick due to which he died and post mortem report also suggests that deceased sustained number of injuries but it reflects applicant was not named in the FIR and in the FIR informant only disclosed the name of co-accused Ritik. Considering this fact, argument advanced by learned counsel for applicant with regard to the implication of applicant cannot be ruled out at this stage. 12. Further except the statement of the informant there is no other evidence against the applicant on record as it reflects other alleged eye witnesses did not disclose his name. 13. Further, applicant is having no criminal history and he is in jail in the present matter since 8.3.2025. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Akhil, 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. 17. 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. 18. 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 :- 14.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad