Neutral Citation No. - 2025:AHC:83183 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16776 of 2025 Applicant :- Shahbaz Opposite Party :- State of U.P. Counsel for Applicant :- Harikrishna Rajesh,Surendra Bahadur Singh Counsel for Opposite Party :- G.A.,Janardan Yadav Hon'ble Sameer Jain,J. 1. Shri Janardan Yadav, Advocate submits that he has filed his power on behalf of the informant in the Registry of this Court, therefore, his name could not be shown in the cause list. 2. Heard Shri Surendra Bahadur Singh, learned counsel for the applicant, Shri R. N. Srivastava, learned A.G.A. for the State- respondent and Shri Janardan Yadav, learned counsel for the informant. 3. The instant bail application has been filed seeking release of the applicant on bail in Session Trial No.498 of 2024 arising out of Case Crime No.166 of 2024, under Sections 302, 307 I.P.C., Police Station Jiyanpur, District Azamgarh, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that however, applicant is named in the FIR alongwith three others and as per allegation, applicant and others made assault through knife and a punch (a type of the weapon used to make punch) and due to the assault made by them two persons sustained injuries and one person died but entire allegation levelled against the applicant is totally false. 5. He further submits that only general allegations have been made against all the accused and no individual weapon has been assigned to any of them and this fact clearly suggests that actually due to the previous enmity applicant alongwith others has been roped in the present matter. 6. He further submits that however, apart from the present case, applicant is having criminal history of one another case but that case relates to minor offences. 7. He further submits that applicant is in jail in the present matter since 22.04.2024 i.e. for last more than a year. 8. Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail and submit that it is a case, in which, due to the assault made by applicant and others, two persons sustained injuries and one person died and injured witnesses categorically stated that applicant and others made assault and there is no reason to disbelieve their statements at this stage. 9. They further pointed out that even bail application of co-accused Rehmat has already been dismissed by this Court vide order dated 09.01.2025 passed in Criminal Misc. Bail Application No.32303 of 2024 and case of applicant is at par with him. 10. They further submit that therefore, considering the totality of the facts and circumstances of the case, applicant should not be released on bail. 11. I have heard learned counsel for both the parties and perused the record of the case. 12. As per allegation, applicant and three others made assault and due to the assault made by them, two persons sustained injuries and one person died. However, no specific weapon has been attributed either to the applicant or to any co-accused but merely on this basis, entire prosecution case, at this stage, cannot be discorded after ignoring the statements of injured witnesses. 13. Further, however there can be no parity of bail rejection order but after considering the entire facts of the case, bail application of co-accused Rehmat has been dismissed by this Court vide order dated 09.01.2025 and case of applicant is at par with him and there is no reason to enlarge the applicant on bail after ignoring the bail rejection order passed in the case of co-accused Rehmat. 14. Further, however, applicant is in jail in the present matter since 22.04.2024 i.e. for last more than a year but it is a case, in which, two persons sustained injuries and one person died, therefore, merely on this basis of his incarceration of one year, in my view, applicant is not entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application filed by applicant- Shahbaz is hereby rejected. 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 :- 17.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad