Neutral Citation No. - 2025:AHC:83461 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15985 of 2025 Applicant :- Firazul Opposite Party :- State of U.P. Counsel for Applicant :- Mridul Chandra Tiwari,Vatsala Upadhyay Counsel for Opposite Party :- G.A.,Meraj Ahmad Khan Hon'ble Sameer Jain,J. 1. Heard Sri Anil Kumar Chaudhary, learned Advocate holding brief of Sri Mridul Chandra Tiwari, learned counsel for the applicant, Sri Meraj Ahmad Khan, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 29 of 2024, under Sections 452, 323, 504, 506, 304 IPC, Police Station Dilari, District Moradabad during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR and as per allegation due to the assault made by the applicant and other accused mother of the informant sustained injuries and died and in the incident, even wife of the informant also sustained injuries but admittedly informant of the case was not an eye witness. 4. He further submits, however from the statement of injured it reflects, according to her also applicant and others made assault due to which deceased sustained injuries and died but from the post mortem report, it reflects, deceased sustained only single injury on her head and this fact falsifies the allegation leveled against the applicant and others. He next submits, even it reflects, applicant and other accused were not having any intention to cause death of the deceased. 5. He further submits, during investigation Investigating Officer also recorded the statements of number of eye witnesses and they stated that entire allegations leveled against the applicant and others are totally false and due to previous enmity they have been roped in the present matter. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 28.02.2025. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. As per allegation, due to the assault made by applicant and other accused deceased sustained injuries and died but post mortem report suggests that deceased sustained only single injury on her head and considering this fact, the argument advanced by learned counsel for the applicant that even from the post mortem report, it could not be reflected that applicant and others were having any intention to cause the death of the deceased, cannot be ruled out. 10. Further, there are statements of number of eye witnesses and according to them applicant and other accused have been falsely implicated by the informant in the present matter. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 28.02.2025. 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 - Firazul 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. 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 :- 19.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad