Neutral Citation No. - 2025:AHC:93976 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18876 of 2025 Applicant :- Shayan Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.,Pankaj Bharti Hon'ble Sameer Jain,J. 1. Heard Sri Avinash Pandey, learned counsel for the applicant; Sri Pankaj Bharti, learned counsel for the informant and Dr. S. B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 30 of 2025, under Sections 103(1), 115(2), 352 BNS, Police Station Charthawal, District Muzaffarnagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR and it is a case in which one person died and one person sustained injuries but from perusal of the statement of the injured which has been annexed at page 43 of the paper book, it reflects that co-accused Shaukeen was the principal accused who caused injuries to the deceased and there is no allegation that the applicant caused any injury to the deceased. 4. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 28.2.2025. 5. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that from the statement of the injured and even from the CCTV footage it reflects that applicant also chased deceased alongwith other accused including co-accused Shaukeen but they could not dispute the fact that co-accused Shaukeen was the person who caused head injury to the deceased. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, applicant is named in the FIR and from the statement of the injured and CCTV footage, it reflects that he also chased the deceased alongwith other accused including co-accused Shaukeen but from the material available on record, including the statement of the injured, it reflects that co-accused Shaukeen was the principal accused who caused head injury to the deceased and there is no other allegation that applicant caused any injury to the deceased and it also reflects that injured sustained minor injuries. 8. 8. Further, applicant is not having any previous criminal history and in the present matter, he is in jail since 28.2.2025. 9. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purposes. 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-Shayan, 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 :- 30.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad