HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14137 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Heard Sri Rajiv Kumar Pandey, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No.236 of 2025, under Sections 103(1), 333, 115(2), 352, 351(3) BNS, Police Station Gangiri, District Aligarh, during pendency of the trial. 4. Learned counsel for the applicant submits, however applicant is named in the FIR alongwith his two brothers and according to the FIR on 20.08.2025 in the night at about 08:00 p.m. applicant after entering in the house of the father of informant made assault upon him through butt of the spade and stone due to which he sustained injuries and died but entire allegations levelled against the applicant are totally false. 5. He next submits, from the FIR it could not be reflected that informant was eye-witness of the case and he in his statement did not disclose the name of any other eye-witness but when his statement was recorded under Section 180 BNSS then he stated that he and his brother Surjeet were present in the house and applicant after entering in the house made assault upon the deceased through butt of spade and this fact suggests, during investigation informant developed the case and no reliance can be placed on his statement. Versus Counsel for Applicant(s) : Rajiv Kumar Pandey Counsel for Opposite Party(s) : G.A. Pawan .....Applicant(s) State of U.P. .....Opposite Party(s) 6. He next submits, however brother of the informant i.e. another son of the deceased, Surjeet also reiterated the version of the informant in his statement recorded during investigation but considering the FIR his statement also prima facie appears to be doubtful. 7. He further argued, postmortem report suggests, deceased sustained two traumatic swelling on his chest and according to Dr. Manoj Kumar Chaturvedi who conducted the postmortem, these injuries may be caused through kick and fist and therefore possibility cannot be ruled out that in the night dispute of the deceased arose with informant and son Surjeet due to which he sustained injuries and subsequently died. 8. He further submits, even from the postmortem report it could not be reflected that applicant was having any intention to cause death of the deceased. 9. He further argued, however apart from the present case applicant is having criminal history of one another case but that case relates to minor offence and in the present matter he is in jail since 23.08.2025 i.e. for last more than a year. 10. 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. 11. I have heard both the parties and perused the record of the case. 12. However, applicant is named in the FIR alongwith his two brothers and according to the FIR he made assault upon the deceased through the butt of spade due to which deceased sustained injuries but considering the postmortem report and statement of the doctor who conducted the autopsy prima facie version of the FIR and statements of witnesses appear to be doubtful. 13. Further, even considering the postmortem report of the deceased the argument advanced by learned counsel for the applicant that prima facie present case does not travel beyond Section 105 BNS cannot be ruled out at this stage. BAIL No. 14137 of 2026 2 14. Further, however apart from the present case applicant is having criminal history of one another case but that case relates to minor offence and in the present matter he is in jail for last more than a year. 15. Therefore considering the facts and circumstances of the case discussed above, in view of this Court, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Pawan 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. 18. 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. 19. 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. September 24, 2026 Shahroz BAIL No. 14137 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad