Neutral Citation No. - 2025:AHC:83090 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15925 of 2025 Applicant :- Ramesh Opposite Party :- State of U.P. Counsel for Applicant :- Ranjeet Singh Counsel for Opposite Party :- G.A.,Ram Raksha Tiwari Hon'ble Sameer Jain,J. 1. Heard Shri Rajesh Kumar, Advocate holding brief of Shri Ranjeet Singh, learned counsel for the applicant, Shri Pradeep Kumar, learned A.G.A. for the State-respondent and Shri Ram Rakhsa Tiwari, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.147 of 2024, under Sections 105, 115(2), 117(2) B.N.S., Police Station Kamasin, District Banda, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter alongwith others and actually he never participated in the alleged incident. 4. He further submits that however, deceased sustained number of injuries but all the injuries were either contusion or lacerated wounds and none of the injuries were caused by sharp edged weapon and from the statement of the informant recorded during investigation, it reflects, applicant was having axe. 5. He further submits that even from the statement of the injured i.e. wife of the deceased, it reflects, during assault one Ramendra arrived at spot and saved her but Ramendra in his statement recorded during investigation did not disclose the name of the applicant. 6. He further submits that however injured witness in her statement recorded during investigation stated that applicant used wooden stick and he also made assault upon her and deceased through wooden stick alongwith others but in the light of the statement of the informant and statement of eye-witness Ramendra, no reliance can be placed on her statement. 7. He further submits that however, there is also a video clip, which has been annexed at page 84 of the paper book and from its perusal, it reflects that deceased before his death stated that applicant alongwith co-accused Chotu and Teerath made assault upon him but genuineness of this video clip is still to be proved and merely on the basis of this video clip, the statements of informant and eye-witness Ramendra cannot be disbelieved. 8. He further submits that applicant is having no criminal history and he is in jail in the present matter since 02.09.2024 i.e. for last more than eight months. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that applicant is specifically named in the FIR and as per allegation, he equally participated in the incident alongwith others and post-mortem report also corroborates the version of the FIR. 10. They further submit that even injured, the wife of the deceased also stated that applicant was having wooden stick in his hand and made assault alongwith others upon the deceased and also upon her. 11. They further submit that even from the video clip, it reflects, deceased before his death made allegation that applicant and co- accused Chotu and Teerath made assault upon him and therefore, considering all these facts, applicant should not be released on bail. 12. I have heard learned counsel for both the parties and perused the record of the case. 13. Applicant is named in the FIR and as per the allegation, he alongwith others made assault due to which one person sustained injuries and one person died. However, in the FIR, there is no specific weapon has been assigned to the applicant but when the statement of injured i.e. wife of the deceased was recorded then she categorically stated that applicant was having wooden stick in his hand. 14. Further, however, informant in his statement stated that applicant was having axe but from his statement, it reflects, he was not the eye-witness. 15. Further, however, one alleged eye-witness Ramendra did not disclose the name of the applicant but in the light of the statement of the injured witness and video clip, no reliance at this stage can be placed upon his statement. 16. Further, there is a video clip also on record and it reflects, in the video clip deceased stated that applicant alongwith co-accused Chotu and Teerath made assault upon him and post-mortem report suggests that deceased sustained number of injuries and even medical report of the injured suggests that she also sustained grievous injuries. 17. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is not entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application filed by applicant- Ramesh is hereby rejected. 19. 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 :- 17.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad