Neutral Citation No. - 2025:AHC:82376 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15850 of 2025 Applicant :- Abhimanyu Bind Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Srivastava,Sumit Kumar Counsel for Opposite Party :- Ashok Kumar Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Srivastava, learned counsel for the applicant, Sri Ashok Kumar Singh, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 61 of 2025, under Sections 191(2), 352, 115(2), 351(3), 131, 333, 324(2), 105, 117(2) B.N.S., Police Station Karimmuddinpur, District Ghazipur during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR but it appears, on the basis of general allegation he has been made accused in the present matter along with as many as seven persons and 2-3 unknown persons and therefore prima facie it appears to be a case of over implication. 4. He further submits, however, as per prosecution in the incident from the side of informant one person died and three persons sustained injuries but from the side of applicant also two persons sustained injuries, therefore, it appears to be a case of free fight. He further submits, from the medical report of the injured persons of the present case it reflects, they sustained only simple injuries. 5. He further submits, however, deceased sustained three injuries but he died due to head injury and he sustained single injury on his head and post mortem report also suggests that prima facie it appears to be a case of over implication. 6. He further submits, there is no evidence that applicant is author of head injury sustained by the deceased. 7. He further submits, however, apart from the present case applicant is having criminal history of one another case but that case relates to minor offence and in the present case applicant is in jail since 17.03.2025. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that due to the assault made by applicant and others three persons sustained injuries and one person died but they could not dispute the fact that from the side of applicant also two persons sustained injuries. 9. They further could not dispute the fact that deceased died due to head injury and there is no evidence that applicant is author of this injury. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is named in the FIR and as per allegation due to the assault made by applicant and others from the side of informant one person died and three persons sustained injuries but it reflects, only general allegations have been made to all the accused. 12. Further, from the record it also reflects, from the side of applicant also two persons sustained injuries in the incident. 13. Further, post mortem report suggests that deceased died due to head injury and he sustained only single injury on his head and there is no evidence that applicant caused head injury to the deceased. 14. Further, considering the nature of allegation leveled against the applicant and injury sustained by the deceased and other injured, the argument advanced by learned counsel for the applicant that prima facie it appears to be a case of over implication, cannot be ruled out at this stage. 15. Further, however, apart from the present case applicant is having criminal history of one another case but that case relates to minor offence. 16. Further, in the present matter applicant is in jail since 17.03.2025. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant - Abhimanyu Bind 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. 20. 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. 21. 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad