Neutral Citation No. - 2025:AHC:5077 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32303 of 2024 Applicant :- Rehmat Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhan Yadav,Mahesh Prasad Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.,Janardan Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant, Sri Janardan Yadav, learned counsel for the informant and Sri Manav Chaurasia, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 166 of 2024, under Sections 307, 302 IPC, Police Station Jiyanpur, District Azamgarh during pendency of the trial. 3. FIR of the present case was lodged on 22.04.2024 against applicant and three others and according to the FIR on 21.04.2024 at about 8.30 PM applicant along with other accused persons made assault upon informant, his brother and two others through Knife and Punch (a type of weapon used to make punch) and due to the assault made by them informant, his brother and nephews sustained injuries and due to the injury, subsequently his brother Abdul Kalam died. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with others. 5. He further submits, however, as per informant, he was eye witness and he also sustained injuries but there is no injury report of the informant on record and this fact suggests that he was not an eye witness. 6. He further submits, in the incident apart from the deceased two other persons were also sustained injuries and they stated against the applicant but as informant had already made him accused in the FIR and they are nephews of the informant, therefore, they also started making allegation against the applicant but in fact applicant never participated in the alleged incident. 7. He further submits, it appears, some unknown persons in the night caused injuries to the deceased and injured and due to the previous enmity subsequently applicant has been made accused in the present matter. 8. He further submits, however, apart from the present case applicant is having criminal history of solitary case under Sections 323, 504, 506 IPC but his criminal history has been explained in the instant bail application and in the present matter applicant is in jail since 22.04.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that due to the assault made by the applicant and others, two persons sustained injuries and one person lost his life and both injured categorically stated that applicant also participated in the alleged commission of crime, therefore, applicant should not be released on bail. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Considering the fact that in case at hand, one person died and two persons sustained injuries and injured persons in their statements categorically stated that applicant along with others also caused injury to them and deceased and their injury report and post mortem report of the deceased corroborate their version, I am not inclined to release the applicant on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 13. 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 :- 9.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad