Neutral Citation No. - 2025:AHC:90346 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14267 of 2025 Applicant :- Aakib Opposite Party :- State of U.P. Counsel for Applicant :- Yatharth Srivastava Counsel for Opposite Party :- G.A.,Kumar Ashutosh Srivastava,Nagendra Bahadur Singh Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Yatharth Srivastava, learned counsel for the applicant, Nagendra Bahadur Singh, learned counsel for the informant and Sri Jhamman Ram, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 237 of 2024, under Sections 103(1), 352, 61(2)A B.N.S., Police Station Bhadohi, District Bhadohi during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant is named in the FIR and according to the FIR applicant along with others made assault upon the father of the informant but admittedly informant was not an eye witness. 5. He further submits, before his death statement of the deceased was recorded by the Investigating Officer which has been annexed along with instant bail application and from its perusal it reflects, he did not even disclose the name of applicant and according to him co-accused Chhotu caused injury to him. 6. He further submits, however, apart from the present case applicant is having criminal history of one another case but his criminal history has been explained in the supplementary affidavit and that case relates to minor offence. 7. He further submits, in the present matter applicant is in jail since 21.01.2025. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the fact that deceased in his statement recorded during investigation did not even disclose the name of applicant and according to him co- accused Chhotu was the person who caused injury to him. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is named in the FIR but admittedly informant of the case was not an eye witness. Further, there is statement of the deceased recorded by the Investigating Officer before his death and from its perusal it reflects, he did not even disclose the name of applicant and according to him co-accused Chhotu was the person who made assault upon him. 11. Further, however, apart from the present case applicant is having criminal history of one another case but it reflects, that case relates to minor offence and his criminal history has been explained in the supplementary affidavit. 12. He further submits, in the present matter applicant is in jail since 21.01.2025. 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 - Aakib 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