Neutral Citation No. - 2025:AHC:88875 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17772 of 2025 Applicant :- Shekhar Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Amarnath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Amarnath Tripathi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned A.G.A. for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.91 of 2025, under Sections 191(2), 115(2), 105 B.N.S., Police Station Bhelupur, District Varanasi, during pendency of the trial. 3. Learned counsel for the applicant submits that however, nobody was named in the FIR but during investigation when statement of the informant was recorded then he disclosed the named of the applicant and three others and this fact suggests that without any cogent evidence, on the basis of information received through third party, informant implicated the applicant in the present matter and no reliance can be placed on his statement. 4. He further submits that it is a case, in which, without any post-mortem, dead-body of the deceased has been cremated and this fact is evident from the second statement of the father of the deceased, which has been annexed at page 38 of the paper book. 5. He further submits that as post-mortem of the dead-body of the deceased could not be conducted, therefore, at this stage, it cannot be said that due to the injury caused by accused persons, deceased died. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 17.03.2025. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9. From the record, it reflects, nobody was named in the FIR but during investigation, informant himself disclosed the name of the accused persons including applicant. Considering this fact the argument advanced by learned counsel for the applicant, cannot be ruled out at this stage with regard to the false implication of the applicant. 10. Further, however, applicant has been challaned for offence under Section 105 B.N.S. but it appears, there is no post- mortem of the deceased on record and it appears, family members of the deceased without any post-mortem cremated him. Considering this fact this Court also finds merit in the argument advanced by learned counsel for the applicant that at this stage it cannot be said that due to the assault made by the accused persons, deceased died. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 17.03.2025. 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- Shekhar Chaudhary 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 :- 23.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad