Neutral Citation No. - 2025:AHC:81937 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15730 of 2025 Applicant :- Aadesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Gyan Prakash Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Gyan Prakash, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.218 of 2024, under Sections 103(1) and 3(5) BNS and Section 4/25 Arms Act, Police Station Sidhpura, District Kasganj during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR along with co-accused Avneesh Kumar but it reflects that he has been made accused in the FIR through the information given by deceased and this fact itself suggests that FIR is based on false facts. 4. He further submits that however, from the record it reflects that when deceased was being taken to Hospital in injured condition then he informed that applicant and one another co-accused made assault upon him and a video has also been prepared in this regard which is on record but at this stage it cannot be said that the alleged video is genuine one. 5. He further submits that from the post mortem report, however, it reflects that deceased sustained as many as nine injuries but it reflects that majority of injuries were on non vital part and, therefore, from the post mortem report of the deceased it could not be reflected that applicant was having any intention to cause death of the deceased. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 17.9.2024, i.e., for almost eight months. 7. Per contra, learned AGA opposed the prayer for bail and submits that applicant is named in the FIR and FIR is based on the information given by the deceased to the informant. 8. Learned AGA further submits that even there is a video on record in which deceased is disclosing the name of the applicant by stating that he along with one another accused made assault upon him and there is no reason to disbelieve the information given by deceased before his death. He next submits that even post mortem report of the deceased suggests that deceased sustained as many as nine injuries and he died due to ante mortem injuries, therefore, applicant should not be released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Applicant is named in the FIR along with co-accused Avneesh Kumar but it reflects that FIR was lodged on the information given by deceased itself but there is also video of the deceased on record in which he stated that applicant along with one another accused made assault upon him and therefore, he only disclosed the name of the applicant. 11. Further, post mortem report suggests that deceased sustained as many as nine injuries and as per Autopsy Surgeon he died due to ante mortem injury. Considering the ante mortem injuries of the deceased noted in the post mortem report, it cannot be said that applicant was not having any intention to cause death of the deceased. 12. Further, however, co-accused Avneesh Kumar has been released on bail vide order dated 8.5.2025 passed in Criminal Misc.Bail Application No. 1359 of 2025 but case of applicant is distinguishable from him as deceased in the video did not disclose the name of co-accused Avneesh Kumar. 13. Therefore, considering the facts and circumstances of the case discussed above, I am not inclined to release the applicant on bail a this stage. 14. Accordingly, the instant bail application is rejected. 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 :- 16.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad