Neutral Citation No. - 2025:AHC:88132 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17623 of 2025 Applicant :- Dharmendra Kumar Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Diwakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Arun Kumar Vajpayee, Advocate filed his power on behalf of the informant, which is taken on record. 2. Heard Sri Diwakar Shukla, learned counsel for the applicant, Sri Manav Chaurasiya, learned A.G.A. for the State-respondent and Sri Arun Kumar Vajpayee, learned counsel for the informant. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.15 of 2025, under Sections 105, 127(2) BNS, Police Station- Kotwali, District- Fatehpur, 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 two others and as per allegation by causing injury to the deceased, they caused his death but entire allegation levelled against the applicant is totally false. 5. He further submits that even post-mortem suggests that however, deceased sustained as many as six injuries but five injuries were on his non-vital parts and injury no.6 was on his occipital region and it reflects, due to this injury, he died and therefore, it cannot be said that applicant and other accused were having any intention to cause the death of the deceased. He further submits, even there is no evidence that applicant is the author of head injury. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 23.03.2025. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that there are eye-witness account and all the witnesses stated that applicant and two others made assault upon the deceased but they could not dispute the fact that only general allegations have been made against all the accused. 8. They further could not dispute the fact, however, deceased sustained as many as six injuries but except injury no.6, all the other injuries were on his non-vital parts and he died due to injury no.6, which was on his head and there is no evidence that applicant is the author of this injury. 9. I have heard both the parties and perused the record of the case. 10. However, as per allegation, due to the assault made by applicant and two others, deceased sustained injuries and died but post-morterm report suggests that deceased died due to head injury and it reflects, he sustained only single injury on his head and all the other injuries were on his non-vital parts. Considering this fact, the argument advanced by learned counsel for the applicant that even from the post-mortem report, it could not be reflected that applicant and other accused were having any intention to cause the death of the deceased, cannot be ruled out. 11. Further, even there is no evidence that applicant is the author of the head injury sustained by the deceased as only general allegations have been made against all the accused. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 23.03.2025. 13. Further, law is settled, unless proven guilty an accused is deemed to be innocent and bail applicaition of an accused should not be dismissed for punitive purpose. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Dharmendra Kumar Paswan 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. 17. 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. 18. 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 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad