Neutral Citation No. - 2025:AHC:88122 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16833 of 2025 Applicant :- Shamsher @ Sher Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Rajesh Pandey, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 292 of 2024, under Sections 191(2), 191(3), 115(2), 352, 324(4), 109, 103(1), 117(2) BNS, Police Station Neoriya, District Pilibhit, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, applicant is named in the FIR alongwith 7 others but in the FIR only general role has been assigned to all the accused and as per allegation due to the assault made by applicant and others, total seven persons sustained injuries and subsequently one injured died. 5. He further submitted that however, when the statements of the injured persons were recorded during investigation then they tried to distinguish the case of the applicant by stating that he was the person who caused head injury to the deceased. 6. He further submitted that in fact when subsequently from the post mortem report of the deceased, it was found that deceased sustained single head injury then applicant has been made principal accused in the matter. 7. He further submitted that actually it is a case in which informant side was the real aggressor and due to the assault made by informant side, from the applicant side also nine persons sustained injuries and from the side of the applicant a FIR was also lodged on 23.9.2024 and FIR lodged by applicant side has been annexed at page 118 to the instant bail application. 8. He further submitted that prima facie, it appears, it is a case of free fight and it cannot be said that due to the assault made by the applicant, deceased died. 9. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 26.9.2024 i.e. for last more than six months. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. From the perusal of the record, it reflects that initially FIR of the present case was lodged 191(2), 191(3), 115(2), 352, 351(2) 324(4) BNS but after death of one of the injured, case was converted under section 103 BNS. 13. However, as per the statements of injured witnesses, applicant caused head injury to the deceased but in the FIR total 8 persons were made accused including applicant and only general role has been attributed to them. 14. Further, record also suggests that in the alleged incident from the side of applicant also nine persons sustained injuries and from his side also a FIR has been lodged against informant side. 15. Further, applicant is having no criminal history and he is in jail in the present matter since 26.9.2024 i.e. for last more than six months. 16. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Shamsher @ Sher Singh, 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. 19. 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. 20. 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 :- 23.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad