Neutral Citation No. - 2025:AHC:114025 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35227 of 2024 Applicant :- Ravindra Opposite Party :- State of U.P. Counsel for Applicant :- A Kumar Srivastava,Vivek Prasad Mathur Counsel for Opposite Party :- Ashish Kumar Mishra,Diwan Saifullah Khan,G.A.,Santosh Kumar Tiwari,Vijay Kumar Yadav Hon'ble Ashutosh Srivastava,J. 1. Heard Sri A. K. Srivastava, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State Respondent, learned counsel for the first informant and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 94 of 2024, under Sections 323, 504, 506, 452, 147, 148, 149, 304 IPC, Police Station Dhebarua, District Siddharth Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR along with three others and initially FIR of the present case was lodged under Sections 323, 504, 506, 452 IPC but after the death of the injured Abdul Majid, case was converted under Section 304 IPC. He further submitted that it is a case, in which actually informant side was the real aggressor and informant side after entering in the house of the applicant made assault and due to assault made by them from the side of applicant also one person sustained injury and from his side also a FIR was lodged, although, on 30.05.2024 i.e. next day. He further submitted that who was the real aggressor can only be ascertained by the trial court during trial. 4. He further submitted that even only general role has been assigned to all the accused including applicant. 5. He further submitted that however, one Ghurahu also sustained injury in the incident from the side of informant but from his statement, it reflects, he did not assign any weapon to any of the accused. 6. He further submitted that however, apart from the present case the applicant is having no other criminal history, the applicant is in jail since 01.06.2024 i.e. for more than a year. It is further submitted that on the similar footing the co-accused Jagdish has been granted bail by the Court vide order dated 19.05.2025 passed in Criminal Misc. Bail Application No. 14126 of 2025, therefore, the applicant is also entitled to be released on bail. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that however, only general allegation has been levelled against all the accused but applicant is specifically named in the FIR and daughter of deceased in her statement recorded during investigation, stated that all the accused made assault through wooden sticks but could not dispute the fact that applicant is facing trial for the offence under Section 304 IPC and he is in jail in the present matter for more than a year. They further could not dispute the fact that from the side of applicant also one person sustained injury and from his side also a FIR was lodged. 8. I have heard both the parties and perused the record of the case. 9. However, as per allegation, due to assault made by applicant and others, one person died and one person sustained injury, but only general allegation has been levelled against all the accused. 10. Further record also suggests that from the side of applicant also one person sustained injury and from his side also a FIR was lodged. 11. Further, the applicant is having no other criminal history to his credit and the applicant is in jail for more than a year. 12. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 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 Ravindra, 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 :- 15.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad