Neutral Citation No. - 2025:AHC:85711 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17527 of 2025 Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kuldeep Johri, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 506 of 2024, under Sections 115(2), 103(1), 352, 351(2) B.N.S., Police Station Swar, District Rampur during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR along with his brother and mother and as per allegation he along with other accused by causing injuries through wooden sticks caused injuries to the brother of the informant and due to that injuries subsequently he died but entire allegation leveled against the applicant is totally false. 4. He further submits, from the medical report of the deceased, it reflects, deceased sustained three injuries and injury no.1 was incised wound which was caused by sharp edge weapon and when this fact was revealed to the informant then during investigation when his statement was recorded then he started making allegation that applicant was having Partal (a type of sharp edge weapon) and co-accused Aman was having wooden stick and thus this fact suggests that on the basis of false allegation, applicant has been made accused in the present matter. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 04.11.2024 i.e. for last more than six months. 6. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is named in the FIR and there is specific allegation in the statements of witnesses that he by Partal (a type of sharp edge weapon) caused injury to the deceased and medical report of the deceased also corroborates their statements but learned AGA could not dispute the fact that as per allegation made in the F.I.R. applicant and other accused used wooden sticks. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, applicant is named in the FIR and as per allegation made in the FIR and in the statements of the witnesses, he along with his brother by causing injury to the deceased committed the murder of the deceased but from the FIR it reflects, as per informant applicant and other accused were having wooden sticks however when his statement was recorded during investigation then he changed the version of the FIR and stated that applicant was having Partal in his hand, which is a sharp edge weapon and considering this fact and the fact that medical report of the deceased shows, deceased sustained one incised wound, the argument advanced by learned counsel for the applicant cannot be ruled out at this stage. 9. Further, applicant is not having any criminal history and in the present matter he is in jail since 04.11.2024 i.e. for last more than six months. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Amit 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. 13. 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. 14. 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 :- 21.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad