Neutral Citation No. - 2025:AHC:90780 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14194 of 2025 Applicant :- Babbi @ Bheeshm Bind Opposite Party :- State of U.P. Counsel for Applicant :- Devottam Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Devottam Pandey, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.58 of 2025, under Sections 103(1), 191(2), 191(3), 3(5) and 352 BNS, Police Station Bansdeeh Road, District Ballia during pendency of the trial. 4. Learned counsel for the applicant submits that however, applicant is named in the FIR and as per allegation he along with others made assault due to which deceased died but from the FIR it reflects that assault was made by as many as more than ten persons and only general allegation has been levelled against all of them and, therefore, it reflects that on the basis of false allegation applicant has been made accused in the present matter along with others. 5. He further submits that even from the post mortem report it reflects that deceased sustained injuries only on his thigh and he died due to hemorrhagic shock and, therefore, it reflects, even accused were not having any intention to cause death of the deceased. He next submits, even it appears to be a case of over implication. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 18.3.2025. 7. Per contra, learned AGA although 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. However, as per allegation due to the assault made by applicant and others deceased sustained injuries and died but considering post mortem report of the deceased and number of accused made in FIR, the argument advanced by the learned counel for the applicant that it could not be reflected that accused were having intention to cause death of the deceased and it appears to be a case of over implication cannot be ruled out at this stage. 10. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 18.3.2025. 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-Babbi @ Bheeshm Bind 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 :- 27.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad