Neutral Citation No. - 2025:AHC:19762 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1410 of 2025 Applicant :- Rizwan Alias Sablu Opposite Party :- State of U.P. Counsel for Applicant :- Rafeek Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rafeek Ahmad Khan, learned counsel for the applicant and Sri Ajeet Madhesia, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 410 of 2024, under Section 105 B.N.S., Police Station Kotwali (Nagar) Mahoba, District Mahoba during pendency of the trial. 3. FIR of the present case was lodged on 19.08.2024 against applicant and two others and according to the FIR due to previous enmity on 18.08.2024 at 12:00 hours in the afternoon when informant had gone at the shop where his son was doing job then applicant and other accused persons started making assault upon his son and due to the assault made by them, he sustained injuries and when he taken his son to the hospital then doctor declared him dead. 4. Learned counsel for the applicant submitted that totally on the basis of false allegation, applicant has been made accused in the present matter. He further submits, from the FIR it reflects that informant claimed himself to be eye witness and according to him after the incident he has taken the deceased to the hospital but statements of other eye witnesses recorded by the Investigating Officer during investigation totally belies the version of the FIR. 5. He further submits, from the statements of eye witnesses, which have been annexed at page-47 onward of the paper-book, it reflects that informant was not even present at spot and during some frolic deceased sustained injuries and thereafter immediately applicant and others has taken him to the hospital. 6. He further submits, initially FIR of the present case was lodged under Section 103(1) B.N.S. but during investigation case was converted under Section 105 B.N.S. He further submits, after considering the statements of eye witnesses it cannot be said that applicant committed any offence. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 20.08.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per prosecution, informant and his son were the eye witnesses and as per allegation applicant and others made assault upon his another son due to which he sustained injuries and thereafter informant taken his son to the hospital where doctor declared him dead but contention of the informant did not find support from the statements of eye witnesses, which were recorded by the Investigating Officer during investigation and from the statements of eye witnesses, it reflects during some frolic between applicant, deceased and others deceased sustained injuries and thereafter applicant himself has taken him to the hospital along with others. Considering the statements of alleged eye witnesses, the argument advanced by learned counsel for the applicant, cannot be ruled out at this stage. 11. Further, even from the FIR it reflects, informant and his another son were chance witnesses. Further, applicant is not having any criminal history and in the present matter he is in jail since 20.08.2024. 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 - Rizwan @ Sablu 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 :- 11.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad