Neutral Citation No. - 2025:AHC:82748 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15880 of 2025 Applicant :- Mubeen Opposite Party :- State of U.P. Counsel for Applicant :- Sheo Prasad Yadav,Shri Niwash Yadav Counsel for Opposite Party :- G.A.,Nand Kishor Mishra Hon'ble Sameer Jain,J. 1. Heard Shri Shri Niwash Yadav, learned counsel for the applicant, Shri R. N. Srivastava, learned A.G.A. for the State- respondent and Ms. Shilpa Ahuja, Advocate holding brief of Shri Nand Kishor Mishra, leaned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.390 of 2024, under Section 115(2), 352, 351(3), 333, 191(2), 103(1), 190 B.N.S., 2023, Police Station Kulpahar, District Mahoba, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that on the basis of general and omnibus allegations, applicant has been made accused in the present matter alongwith as many as four other persons but during investigation when the statements of witnesses were recorded then they although stated that other accused persons also made assault upon the deceased but according to them, applicant caused head injury to him and this fact clearly suggests that during investigation only to make the case of applicant more serious, specific role of causing head injury to the deceased has been attributed to the applicant and no reliance can be placed on such version. 4. He further submits that even post-mortem report suggests that deceased sustained two injuries and he died due to septicemia and therefore, even from the post-mortem report, it could not be gathered that applicant and other accused were having any intention to cause the death of the deceased. 5. He further submits that present case does not travel beyond Section 105 B.N.S. 6. He next submits that applicant is having no criminal history and he is in jail in the present matter since 20.12.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that applicant is the principal accused, who caused head injury to the deceased and post-mortem report also suggests that deceased sustained one injury on his head and therefore, considering this fact, applicant should not be released on bail. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. However, as per the statements of the witnesses including alleged injured during fight, applicant caused head injury to the deceased but from their statements, it also reflects that other accused persons also made assault upon the deceased. Further, in the FIR only general allegations have been levelled against all the accused including applicant. Considering this fact the arguments advanced by learned counsel for the applicant with regard to development made during investigation with regard to role of the applicant, cannot be completely ruled out at this stage. 10. Further, even from the post-mortem report, it reflects, deceased sustained two injuries, out of which, one injury was on his head and he died due to shock as a result of septicemia and consideirng this fact the arugment advanced by learned counsel for the applicant that present case does not travel beyond Seciton 105 B.N.S. can also not be completely ruled out. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 20.12.2024. 12. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should not be dismissed for punitive purpose. 13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be enlarged on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Mubeen, 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 their personal presence are 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. 16. 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. 17. 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 :- 17.5.2025/Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad