Neutral Citation No. - 2025:AHC:21615 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1786 of 2025 Applicant :- Jay Shankar Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Kumar Srivastava,Sunil Prakash Anand Counsel for Opposite Party :- Dhirendra Kumar Srivastava,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Neeraj Kumar Srivastava, learned counsel for the applicant, Sri Dhirendra Kumar Srivastava, learned counsel for the informant and Sri Ghanshyam Mishra, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 162 of 2024, under Sections 74, 333, 115(2), 352, 105 BNS, Police Station- Khiri, District- Yamuna Nagar(Commissionerate Prayagraj) , during pendency of the trial in the court below. 3. FIR of the present case was lodged on 27.08.2024 against applicant and his elder brother Mani Shankar Nishad and according to FIR, on 27.08.2024 in the afternoon, when informant, who was bhabhi of the applicant, was taking rest, applicant entered in her room and tried to make sexual assault upon her and when she resisted then she started abusing her and also started beating her and on her shriek, when her maternal uncle Budhiram tried to save her then applicant along with his elder brother i.e. co-accused Mani Shankar Nishad also made assault upon him and due to assault made by them, informant and her uncle both sustained injuries. 4. Learned counsel for the applicant submitted that applicant is devar of the informant and on the basis of false allegation, he has been made accused in the present matter. 5. He further submitted that initially FIR of the present case was lodged under Sections 74, 333, 115(2) 352 BNS but after the death of injured Budhiram, case was converted under Section 105 BNS. 6. He further submitted that actually informant is residing in her paternal home as her dispute is pending with her husband i.e. brother of the applicant and in this regard, brother of the applicant i.e. her husband also filed an application under Section 9 Hindu Marriage Act, which has been annexed at page no. 23 of the paper book, therefore, it appears, FIR is false and baseless. 7. He further submitted that even from the second statement of the informant, who was also one of the injured i.e. bhabhi of the applicant, due to injury caused by co-accused Mani Shankar, deceased died. 8. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 07.09.2024. 9. Per contra, learned AGA as well as learned counsel for informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is devar of the informant and as per allegation, he tried to make sexual assault upon her and thereafter he along with his elder brother made assault upon her and her uncle due to which both sustained injuries and subsequently, her uncle died but from the second statement of the informant recorded during investigation, which has been annexed at page no. 74 of the paper book, it reflects that due to assault made by co- accused Mani Shankar, deceased sustained injury and died. 12. Further, from the record, it reflects that matrimonial dispute between informant i.e. bhabhi of the applicant and her husband is pending. 13. Further, applicant is not having any criminal history and he is in jail in the present matter since 07.09.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Jay Shankar Nishad 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. 17. 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. 18. 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 :- 14.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad