Neutral Citation No. - 2025:AHC:84045 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16024 of 2025 Applicant :- Dhanraj Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Brat Sheel,Punya Sheel Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Punya Sheel Pandey, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 5 of 2025, under Sections 115(2), 352, 351(2), 105, 191(2), 191(3) BNS, Police Station- Industrial Area, District- Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that as per allegation made in the FIR, four accused (non applicant) made assault upon the deceased and due to their assault subsequently deceased died but when the statement of the informant was recorded during investigation then she also disclosed the name of the applicant and stated that applicant caused head injury to her husband i.e. deceased. 4. He further submitted that after the statement of the informant, statements of her children were recorded and they also reiterated the version of the informant but as applicant was not named in the FIR, therefore, prima faice, it appears, during investigation, informant falsely implicated him. He further submitted that informant did not assign any reason why earlier she did not disclose the name of the applicant in the FIR. 5. He further submitted that however, apart form the present case, applicant is having criminal history of two other cases but his criminal history has been explained in the instant bail application. 6. He further submitted that applicant is in jail in the present matter since 10.01.2025. 7. Per contra, learned AGA opposed the prayer for bail and submitted that however, applicant is not named in the FIR but from the statements of the informant and her children, it reflects, applicant caused head injury to the deceased, therefore, he should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record, it reflects that as per statements of the informant and her two children, due to assault made by applicant and others deceased died and applicant caused head injury to the deceased through wooden sticks but applicant was not named in the FIR and his complicity was revealed in the present matter through the statement of the informant recorded during investigation. Considering this fact, the argument advanced by learned counsel for the applicant that applicant has been falsely made accused in the present matter during investigation by the informant, cannot be completely ruled out at this stage. 10. Further, however, apart form the present case, applicant is having criminal history of two other cases but his criminal history has been explained in the instant bail application. 11. Further, law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal history of an accused, his bail application should not be dismissed. 12. Further, applicant is in jail in the present matter since 10.01.2025. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Dhanraj Nishad 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. 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 :- 19.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad