Neutral Citation No. - 2025:AHC:90536 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14219 of 2025 Applicant :- Sachin @ Dewa Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Pandey,Rohit Kumar Pandey Counsel for Opposite Party :- G.A.,Munesh Kumar Hon'ble Sameer Jain,J. 1. Heard Sri Rohit Kumar Pandey, learned counsel for the applicant, Sri Munesh Kumar, learned counsel for the informant and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 85 of 2025, under Sections 115(2), 105, 352, 351(2) B.N.S., Police Station Chandausi, District Sambhal during pendency of the trial. 3. Learned counsel for the applicant submits, initially FIR of the present case was lodged by the informant against the applicant and two others under Sections 115(2), 352, 351(2) B.N.S. but after the death of the informant case was converted under Section 105 B.N.S. 4. He further submits, during investigation, before death of the informant his statement was also recorded by the Investigating Officer and he in his statement also reiterated the version of the FIR but from the statement of the informant and FIR it reflects, applicant was not having any intention to cause his death. 5. He further submits, even from the medical report of the deceased, which has been annexed at page-27 of the paper-book, it reflects, his injuries were not of such nature due to which he could die. 6. He further submits, post mortem report suggests that deceased sustained one stitched wound on his abdomen and he died due to Septic shock, therefore, injuries mentioned in the medical report do not tally with the post mortem report and it reflects, after treatment when deceased returned his home then in some other manner he sustained injury on his abdomen and due to that injury after 19 days he died, therefore, applicant cannot be held responsible for the death of the deceased. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 20.03.2025. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that informant of the case is the deceased and there is also statement of the deceased on record before his death, therefore, it cannot be said that applicant is innocent but they could not dispute the fact that there is no match of the injury report dated 24.02.2025 and injury mentioned in the post mortem report. They further could not dispute the fact that deceased died after 19 days due to the Septic shock. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is named in the FIR and it reflects, subsequently informant died and there is also statement of the informant on record recorded by the Investigating Officer but from the entire material it could not be reflected that applicant and others were having intention to cause death of the deceased. 11. Further, from the medical report and post mortem report of the deceased it reflects, there is difference in the injuries sustained by the deceased and his ante mortem injury and considering this fact, the argument advanced by learned counsel for the applicant that actually deceased subsequently sustained injury on his abdomen in some other manner and died due to this injury, therefore, applicant cannot be held liable for the death of the deceased, cannot be ruled out. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 20.03.2025. 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 - Sachin @ Dewa 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 :- 27.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad