Neutral Citation No. - 2025:AHC:77452 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15743 of 2025 Applicant :- Shyamveer Alias Shyamu Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh,Vipan Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sunil Kumar, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No126 of 2024, under Sections 302/34 IPC, Police Station Alau, District Mainpuri, during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false and general allegations applicant has been made accused in the present matter along with co-accused Chhote Singh. He next submits that from the FIR and first statements of the witnesses, it reflects that they made only general allegations against both the accused but when during investigation their second statements were recorded then they very casually stated that applicant was the person who caused head injury to the deceased and this fact clearly suggests that subsequently, a new case has been developed by these witnesses and no reliance can be placed on such subsequent statements. 4. He further submits that co-accused Chhote Singh has already been released on bail by co-ordinate bench of this Court vide order dated 09.09.2024 passed in Criminal Misc. Bail Application No.32396 of 2024. He next submits that even from the postmortem report, it reflects that deceased died due to head injury and he sustained only single head injury and, therefore, prima facie, it appears to be a case of Section 304 IPC. 5. He further submits that applicant is not having any previous criminal history and in the present matter, applicant is in jail since 05.06.2024 i.e. for last almost a year. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegations made in the FIR and first statements of the eye-witnesses, applicant and co-accused Chhote Singh by causing injury upon the head of the deceased committed his murder but it reflects that when second statements of the eye- witnesses were recorded then they tried to distinguish the case of the applicant from the co-accused Chhote Singh by stating that applicant was the person who caused head injury to the deceased but considering the version of the FIR and their first statements, their second statements, prima facie, appears to be doubtful. 9. Further, co-accused Chhote Singh has already been released on bail by co-ordinate bench of this Court. Further, even from the postmortem report, it reflects that deceased sustained only one head injury and he died due to this injury and considering this fact, the argument advanced by learned counsel for the applicant that present case does not travel beyond Section 304 IPC cannot be ruled out at this stage. 10. Further, applicant is not having any previous criminal history and in the present matter, applicant is in jail since 05.06.2024 i.e. for last almost a year. 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 - Shyamveer Alias Shyamu 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 :- 9.5.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad