Neutral Citation No. - 2025:AHC:30918 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26449 of 2024 Applicant :- Lakhan Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rahul Saxena, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 24 of 2024, under Sections 147, 148, 302, 323, 324 IPC, Police Station- Nawabganj, District- Bareilly, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 16.01.2024 against applicant and three others and according to FIR, co-accused Madhu Gangwar was tenant of the informant and after receiving information that she was breaking the lock of shop of the informant along with her brother i.e. applicant and others when informant arrived at spot along with her husband then she along with her brothers and mother made assault upon them through wooden sticks, knife and hammer and due to assault made by them husband of the informant and informant both sustained injuries. 4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Sections 147, 148, 307, 323 IPC but after the death of husband of the informant case was converted under Section 302 IPC. He further submitted that applicant is brother of co-accused Madhu Gangwar and only due to this reason, he has been made accused in the present matter. 5. He further submitted that on the basis of general allegation, applicant has been roped in the present matter along with co- accused Madhu Gangwar and Km. Neeraj Gangwar and both the above co-accused have already been enlarged on bail by this Court vide orders dated 29.08.2024 and 30.08.2024 passed in Criminal Misc. Bail Applications No. 31749 of 2024 and 22691 of 2024 respectively. 6. He further submitted that however, both the above named accused persons were ladies but from their bail orders, it could not be reflected, they were released on bail on the ground of being lady rather it reflects, after considering merit of the case co- accused Km. Neeraj Gangwar was released on bail and thereafter co-accused Madhu Gangwar was also released on bail. He further submitted that on facts case of applicant is exactly at par with them. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 29.02.2024 i.e. for last more than a year. 8. Per contra, learned AGA however, 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 allegation, applicant along with others including his sisters i.e. co-accused Madhu Gangwar and Km. Neeraj Gangwar made assault upon the deceased and his wife but it reflects, on the basis of general allegation all the co-accused persons were made accused and after considering entire facts of the case, two co-accused Madhu Gangwar and Km. Neeraj Gangwar have already been released on bail by co-ordinate Bench of this Court. However, it reflects both the above co-accused were females but from their bail orders, it could not be reflected, they were released on bail on the ground of being lady rather it reflects, after considering merit of the case co-accused Km. Neeraj Gangwar was released on bail and thereafter co-accused Madhu Gangwar was also released on bail and on facts, case of applicant is exactly at par with them. 11. Further, direct motive to commit the crime was against co- accused Madhu Gangwar and considering the fact that applicant is brother of accused Madhu Gangwar, the argument advanced by learned counsel for the applicant that only being brother of co- accused Madhu Gangwar, applicant has been made accused in the present matter, cannot be completely ruled out at this stage. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 29.02.2024 i.e. for last more than a year. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Lakhan 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. 16. 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. 17. 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 :- 4.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad