Neutral Citation No. - 2025:AHC:88366 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17643 of 2025 Applicant :- Devendra Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Vimal Kumar Pandey,Vinod Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vinod Kumar Singh, learned counsel for the applicants and Sri R. N. Srivastava, learned A.G.A. for the State- respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No.32 of 2025, under Sections 115(2), 352, 351(3), 333, 118(1), 103(1) BNS, Police Station- Kotwali Nagar, District- Aligarh, during pendency of the trial in the court below. 3. Learned counsel for the applicants submits that initially FIR of the present case was lodged against applicants and two others, under under Sections 115(2), 352, 351(3), 333, 118(1) BNS but after the death of the injured, case was converted under Section 103(1) B.N.S. 4. He further submits that however, applicants are named in the FIR and as per allegation, they alongwith other accused made assault due to which husband of the informant and two others sustained injuries and subsequently her husband died but entire allegations levelled against the applicants are totally false. 5. He further submits that incident is said to have taken place on 29.01.2025 but FIR of the present case was lodged on 08.02.2025 i.e. after nine days and this delay in lodging the FIR itself suggests that it is based on false facts. 6. He further submits that even from perusal of the post-mortem report of the deceased, it reflects, deceased however sustained one lacerate wound but he died due to cardio pulmonary arrest as a result of chronic lungs disease and septicemia and therefore, present case does not travel beyond Section 105 B.N.S. 7. He further submits that injuries sustained by other injured persons were simple in nature. 8. He further submits that applicants are having no criminal history and they are in jail in the present matter since 09.02.2025. 9. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicants. 10. I have heard both the parties and perused the record of the case. 11. However, applicants are named in the FIR and as per allegation, due to the assault made by the applicants and others, husband of the informant sustained injuries alongwith two others and subsequently, he died but it reflects, there is delay of nine days in lodging the FIR. 12. Further, however, from the post-mortem report, it reflects, deceased sustained one lacerated wound but as per autopsy surgeon, he died due to cardio pulmonary arrest as a result of chronic lungs disease and septicemia. Considering this fact, the argument advanced by learned counsel for the applicants that present case does not travel beyond Section 105 B.N.S., cannot be ruled out at this stage. 13. Further, applicants are having no criminal history and they are in jail in the present matter since 09.02.2025. 14. Therefore, considering the entire facts and circumstances of the case discussed above, in my view, applicants are entitled to be enlarged on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicants- Devendra Kumar and Chandan Kumar 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 applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants 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 applicants 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 applicants. 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