Neutral Citation No. - 2025:AHC:87588 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16711 of 2025 Applicant :- Anuj Kumar Alias Chotu Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Prajapati,Nanhe Lal Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Prateek Prajapati, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 17 of 2025, under Sections 191(2), 191(3), 105, 351(3) BNS, Police Station- Kakwan, District- Kanpur Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation, when the statement of informant was recorded then he disclosed the name of the applicant. 4. He further submitted that from the FIR, it reflects, informant was not the eye-witness but in his statement recorded during investigation, he claimed himself to be eye-witness and according to him, co-accused Lucky Pandit was the person, who caused injury to the deceased on his head. He further submitted that even during investigation, when the statements of some other witnesses were recorded then they also assigned the specific role of causing head injury to the deceased to co-accused Lucky Pandit. 5. He further submitted that post-mortem report suggests that deceased died due to head injury and, therefore, applicant cannot be held liable for death of the deceased as role of causing head injury to the deceased has been specifically assigned to co-accused Lucky Pandit. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 10.04.2025. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, from the record, it reflects that when the statement of the informant was recorded during investigation then he disclosed the name of the applicant but surprisingly he did not make him accused in the FIR of the present case. 10. Further, even from the statements of informant and other eye- witnesses, it reflects they assigned the specific role of causing head injury to the deceased to co-accused Lucky Pandit and from the post-mortem report, it reflects, deceased died due to head injury. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 10.04.2025. 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- Anuj Kumar Alias Chotu 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 :- 22.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad