Neutral Citation No. - 2025:AHC:81378 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16527 of 2025 Applicant :- Nafees Opposite Party :- State of U.P. Counsel for Applicant :- Ranjeet Asthana Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ranjeet Asthana, learned counsel for the applicant and Sri Pradeep Kumar, learned Brief Holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 30 of 2025, under Sections 103(1), 61(2) & 352 BNS, Police Station Phugana, District Muzaffar Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that as per allegation made in the FIR due to the tractor driven by son of Dilshad, father of the informant sustained injuries and died but during investigation when the statement of informant was recorded then he changed the entire version of FIR and stated that on exhortation of the applicant and co-accused Dilshad, brother of the applicant Mahakar crushed the deceased through tractor and this fact clearly suggests that entire prosecution story is based on false facts. 5. He further submitted that even from the statement of the informant it reflects that only role of exhortation has been assigned to the applicant. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 12.4.2025. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, from the FIR, prima facie, it reflects that son of Dilshad @ Dilla caused injury to the deceased through his tractor due to which he died but when the statement of the informant was recorded during investigation then he disclosed the name of applicant and other accused and according to him, applicant alongwith his father i.e. co-accused Dilshad made exhortation and after that another son of the co-accused i.e brother of the applicant namely Mehkar crushed the deceased through this tractor, therefore, from the statement of informant it reflects that only role of exhortation has been assigned to the applicant. Further, even other witnesses also reiterated the version of the informant give by him during investigation. Further, applicant is having no criminal history and he is in jail in the present matter since 12.4.2025. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Nafees, 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. 15. 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. 16. 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 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad