Neutral Citation No. - 2025:AHC:92844 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14297 of 2025 Applicant :- Guddu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.,Prashant Sharma,Prayogendra Pal Singh,Shubham Kumar Singh Hon'ble Sameer Jain,J. 1. Heard Sri A. Z. Khan, Advocate holding brief of Sri Mohammad Belal, learned counsel for the applicant and Sri Ashutosh Singh, learned A.G.A. for the State-respondent and Sri Shubham Kumar Singh, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.278 of 2024, under Sections 191(2), 191(3), 74, 333, 352, 351(2), 351(3)A, 103 B.N.S. and Sections 7/8 POCSO Act, Police Station Simbhawali, District Hapur, during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR alongwith others but from the FIR, it reflects co-accused Sonu @ Naveen was the person, who caused head injury to the deceased. 4. He further submits that however, during investigation when the statement of the informant was recorded then he changed the version of the FIR and stated that co-accused Sonu @ Naveen made assault on the head of the deceased and thereafter applicant also made assault on the head of the deceased but no reliance can be placed on the version of the informant, so far as role assigned to the applicant is concerned as his statement is contrary with the version of the FIR. 5. He further submits that post-mortem report suggests that deceased died due to head injury and from the record it reflects, co-accused Sonu @ Naveen was the person who caused head injury to the deceased. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 08.10.2024 i.e. for last more than seven months. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that applicant is named in the FIR and informant in his statement stated that applicant also made assault on the head of the deceased alongwith co-accused Sonu @ Naveen but they could not dispute the fact that in the FIR informant disclosed that only co- accused Sonu @ Naveen made assault on the head of the deceased. 8. They further could not dispute the fact that applicant is having no criminal history and he is in jail in the present matter since 08.10.2024 i.e. for last more than seven months. 9. I have heard both the parties and perused the record of the case. 10. However, from the post-mortem report, it reflects, deceased died due to head injury and from the statement of the informant recorded during investigation, it reflects, according to him, applicant also made assault on the head of the deceased alongwith co-accused Sonu @ Naveen but in the FIR, he made allegation of assault on the head of the deceased only against co-accused Sonu @ Naveen and therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that there is contradiction in the version of the FIR and in the statement of the informant recorded during investigation so far as role attributed to the applicant is concerned. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 08.10.2024 i.e. for last more than seven months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Guddu 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 her 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. 15. 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. 16. 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 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad