Neutral Citation No. - 2025:AHC:75177 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14813 of 2025 Applicant :- Deepanshu Rai Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Upadhyay,Rakesh Pathak Counsel for Opposite Party :- Azaz Ahmad,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rakesh Pathak, learned counsel for the applicant, Sri Azaz Ahmad, learned counsel for the informant and Sri S.B. Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 637 of 2024, under Sections 115(2), 352, 105, 3(5), 61(2) BNS, Police Station- Kotwali, District- Azamgarh, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation his name was surfaced in the present matter through the statement of named co- accused Rahul @ Pawan Rai. 4. He further submitted that however, there are CCTV footages of the incident on record and details of which have been annexed along with the instant bail application and from the CCTV footages, it reflects, applicant along with several others was making assault upon the deceased but assault was made by them through kicks. 5. He further submitted that post-mortem report of the deceased suggests that he sustained single injury on his head and died due to this injury, therefore, this fact suggests that applicant and other accused persons were not having any intention to cause death of the deceased. 6. He further submitted that however, apart form the present case, applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application and in that case, he is on bail. 7. He further submitted that applicant is in jail in the present matter since 07.02.2025. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that from the CCTV footages, it is apparent that applicant along with others was making assault upon the deceased but could not dispute the fact that even as per CCTV footage, assault was made by them through kicks. They further could not dispute the fact that post-mortem report suggests that deceased sustained only single injury, although, the same was on the head. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant along with several others made assault, due to which deceased died and incident has been captured in the CCTV and however, from perusal of the details of the CCTV footage, which have been annexed along with the instant bail application, it reflects, applicant along with several others was making assault upon the deceased but CCTV footage also suggests that they were making assault through kicks. 11. Further, however, post-mortem report of the deceased suggests that he died due to head injury but he sustained only single injury and considering above facts, the argument advanced by learned counsel for the applicant that from the record, it could not be reflected that applicant and others were having any intention to cause death of the deceased, cannot be completely ruled out at this stage. 12. Further, however, apart form the present case, applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application and in that case, he is on bail. 13. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 14. Further, applicant is in jail in the present matter since 07.02.2025. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Deepanshu Rai 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. 18. 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. 19. 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 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad