Neutral Citation No. - 2025:AHC:91219 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18268 of 2025 Applicant :- Navneet Kumar Alias Johnsu Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vivek Kumar Singh, learned counsel for the applicant and Dr.S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.16 of 2025, under Sections 191(2), 115(2), 352, 351(2), 351(3) and 105(1) BNS, Police Station Bhawanpur, District Meerut during pendency of the trial. 3. Learned counsel for the applicant submits, FIR of the present case was lodged after nine days of the alleged incident and applicant was not even named in the FIR but when during investigation before the death of the deceased his statement was recorded by Investigating Officer then he disclosed the name of the applicant. 4. Learned counsel for the applicant further submits that the statement of the deceased recorded by Investigating Officer before his death has been annexed at page 30 of the paper book and from its perusal it reflects that according to him applicant and three others along with named co-accused Vikky made assault upon him through kicks and fists and therefore, no weapon has been assigned to the applicant. 5. He further submits that even from the record it reflects that that deceased did not sustain such injuries due to which he might have been died and it reflects that due to septicemia he died and, therefore, considering over all facts and circumstances of the case it cannot be said that applicant and another accused were having intention to cause death of the applicant. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 01.2.2025. 7 . Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, name of the applicant has been disclosed by the deceased in his statement recorded by Investigating Officer before his death but even after considering the statement of the deceased and his post mortem report it could not be reflected that applicant and another accused were having any intention to cause death of the deceased. 10. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 01.2.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Navneet Kumar alias Johnsu 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. 14. 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. 15. 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 :- 28.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad