Neutral Citation No. - 2025:AHC:75128 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14576 of 2025 Applicant :- Krish Kumar Alias Alice Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tiwari,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Virendra Kumar Gupta, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.067 of 2025, under Sections 191(2), 105, 190 and 352 BNS, Police Station Hastinapur, District Meerut during pendency of the trial. 3. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation through the statements of co-accused he has been made accused in the present matter. 4. He further submits that thereafter when the statements of the informant and other witnesses were recorded then they also disclosed his name along with others but as co-accused earlier had already disclosed the name of the applicant, therefore, no reliance can be placed on their statements with regard to the implication of the applicant. 5. He further submits that even from the FIR and the statements of eye witnesses it reflects that they specifically stated that co- accused Abhi alias Bholu caused head injury to the deceased through bricks and however, according to them after that applicant and other accused also made assault upon the deceased but from the post mortem report it reflects that deceased died due to head injury and he sustained only single injury on his head and, therefore, it appears that this injury was caused by co-accused Abhi alias Bholu. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 17.3.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9 Applicant was not named in the FIR and during investigation through the statement of co-accused he has been made accused in the present matter and it appears, thereafter when the statements of the informant and other witnesses were recorded then they also disclosed his name along with others but from their statements it reflects that according to them co-accused Abhi alias Bholu caused head injury to the deceased through brick. Further, however, according to them after that applicant and other accused also caused injury to deceased but post mortem report suggests that deceased died due to head injury and he sustained only one head injury, therefore, prima facie it reflects that due to the injury caused by co-accused Abhi alias Bholu deceased died. 10. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 17.3.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Krish Kumar @ Alice 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. 14. 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. 15. 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 :- 8.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad