Neutral Citation No. - 2025:AHC:74939 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15599 of 2025 Applicant :- Vikram Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Om Narayan Pandey, learned Advocate submits, he has filed his power on behalf of the informant yesterday in the Registry of this Court, therefore, his name is not shown in the cause list. However, he submits, he is ready to assist the Court. 2. Supplementary affidavit filed today on behalf of the applicant is taken on record. 3. Heard Sri Jitendra Kumar Yadav, learned counsel for the applicant, Sri Om Narayan Pandey, learned counsel for the informant and Sri Imran Khan, learned AGA for the State. 4. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 318 of 2024, under Sections 105, 115(2), 191(2), 191(3), 352 B.N.S., Police Station Alhaganj, District Shahjahanpur during pendency of the trial. 5. Learned counsel for the applicant submits, however, applicant is named in the FIR but on the basis of general allegation he has been made accused in the present matter along with five others. 6. He next submits, from perusal of the post mortem report, it reflects, deceased died due to head injury, therefore, prima facie, it appears to be a case of over implication. 7. He next submits, actually it is a case in which informant side was the real aggressor and due to the assault made by them from the side of applicant, co-accused Inam Singh sustained injury on his head and his injury report has been annexed along with instant bail application, therefore, prima facie it appears to be a case of free fight. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 04.11.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted, applicant along with others made assault due to which, deceased died but they could not dispute the fact that deceased died due to head injury and he sustained single head injury. They further could not dispute the fact that in the incident co-accused Inam Singh also sustained injuries on his head. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, due to the assault made by the applicant and five others deceased sustained injury and died but only general allegation has been leveled against all the accused. 12. Further, post mortem of the deceased suggests that deceased died due to head injury and he sustained single injury on his head and there is no evidence that applicant is the author of this injury. 13. Further, record also suggests that from the side of applicant co- accused Inam Singh also sustained injuries on his head and his injury report has been annexed along with instant bail application and considering this fact, the argument advanced by learned counsel for the applicant that it is a case of free fight, cannot be ruled out at this stage. 14. Further, applicant is not having any criminal history and in the present matter he is in jail since 04.11.2024. 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 - Vikram Yadav 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad