Neutral Citation No. - 2025:AHC:89697 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17017 of 2025 Applicant :- Nan 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 P.S. Pandey, learned counsel for the applicant and Sri Santosh Kumar Pandey, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 05 of 2025, under Sections 115(2), 352, 351(2), 105, 191(2), 191(3) B.N.S., Police Station Industrial Area, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR along with three others but only general role has been assigned against all the accused with the allegation that they caused injury to the husband of the informant through wooden stick but during investigation when the statement of the informant was recorded then she changed the version of the FIR and stated that applicant caused head injury through axe and this fact suggests that a new story has been developed by the informant and no reliance can be placed on such version. 4. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 10.01.2025. 5. Per contra, learned AGA opposed the prayer for bail and submitted that from the statement of the informant and other eye witnesses, it reflects, applicant was main accused, who through axe caused head injury to the deceased but could not dispute the fact that in the FIR only general role has been assigned and from the FIR it reflects through wooden sticks applicant and others caused injury to the deceased. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, from the statements of the informant and other witnesses it reflects, applicant through axe caused injury to the deceased but no such allegation has been leveled by the informant in the FIR and from the FIR it reflects, only general allegation has been made against applicant and others that they used wooden stick and considering this fact, the argument advanced by learned counsel for the applicant that during investigation a new story has been developed by the informant and others, cannot be ruled out at this stage. 8. Further, applicant is not having any criminal history and in the present matter he is in jail since 10.01.2025. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Nan 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. 12. 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. 13. 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 :- 26.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad