High Court · 2025

2. Sri Ashwarya Pratap Singh, learned Advocate submitted that however, he has filed his power on behalf of informant in the registry of this Court but his name could not be shown in the cause list.

3. Heard Sri Istiyak Khan, learned Advocate holding brief of Sri Vinod Kumar Yadav, learned counsel for the applicant, Sri Ashwarya Pratpa Singh, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent.

4. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 386 of 2024, under Sections 3(5), 109, 115(2), 351(2) 352, 103 BNS, Police Station- Bilariyaganj, District- Azamgarh, during pendency of the trial in the court below.

5. FIR of the present case was lodged on 01.11.2024 at about 14:07 hours against applicant and three others and according to FIR, on 31.10.2024 at about 8:00 p.m. in the night due to fire crackers, some dispute arose between children of both the sides and after that, applicant and other accused persons made assault through wooden stick upon the informant side and they also caused knife injury to the father of the informant and in the incident, number of other persons sustained injuries.

6. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter.

7. He further submitted that actually some dispute arose between both the sides and both the sides made assault upon each other and due to assault made by informant side, from the side of applicant also two persons sustained injuries including applicant and their injury reports have been annexed along with the supplementary affidavit filed in support of the instant bail application.

8. He further submitted that from the side of applicant also a FIR was lodged against the informant side, which has been annexed along with the instant bail application. He further submitted that it is a case in which both the sides sustained injuries and who was the real aggressor can only be ascertained by the trial court during trial.

9. He further submitted that applicant is a lady and she is not having any criminal history and she is in jail in the present matter since 02.11.2024.

10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that actually applicant along with others participated in the incident and due to assault made by them, from the side of informant, six persons sustained injuries and one person died and however, from the side of applicant, a FIR was lodged but the same was lodged after the lodgement of the FIR of the present case.

11. Learned counsel for the informant also submitted that however, from the medical reports of the applicant and another injured, it appears that they sustained injuries in the incident but they were examined on 02.11.2024 and, therefore, it reflects that they did not sustain any serious injury but both the counsels could not dispute the fact that applicant is lady and there is general allegation against all the accused persons.

12. I have heard learned counsel for the parties and perused the record of the case.

13. However, as per allegation, applicant along with others made assault and due to assault made by them, one person died and six persons sustained injuries but record also suggests that from the side of applicant also two persons sustained injuries including applicant.

14. Further, however, FIR from the side of applicant was lodged after the FIR of the present case but record also suggests that FIR of the present case was also lodged on 01.11.2024 at about 14:07 hours i.e. after more than 12 hours from the time of alleged incident. Considering all these facts, the argument advanced by learned counsel for the applicant that actually both the sides sustained injuries and who was the real aggressor can only be ascertained by the trial court during trial, cannot be completely ruled out at this stage.

15. Further, applicant is a lady and she is not having any criminal history and she is in jail in the present matter since 02.11.2024.

16. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

18. Let the applicant- Ramdai 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.

19. 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.

20. 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 :- 24.2.2025 KK Patel KRISHN KANT PATEL High Court of Judicature at Allahabad

2. Sri Ashwarya Pratap Singh, learned Advocate submitted that however, he has filed his power on behalf of informant in the registry of this Court but his name could not be shown in the cause list.

3. Heard Sri Istiyak Khan, learned Advocate holding brief of Sri Vinod Kumar Yadav, learned counsel for the applicant, Sri Ashwarya Pratpa Singh, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent.

4. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 386 of 2024, under Sections 3(5), 109, 115(2), 351(2) 352, 103 BNS, Police Station- Bilariyaganj, District- Azamgarh, during pendency of the trial in the court below.

5. FIR of the present case was lodged on 01.11.2024 at about 14:07 hours against applicant and three others and according to FIR, on 31.10.2024 at about 8:00 p.m. in the night due to fire crackers, some dispute arose between children of both the sides and after that, applicant and other accused persons made assault through wooden stick upon the informant side and they also caused knife injury to the father of the informant and in the incident, number of other persons sustained injuries.

6. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter.

7. He further submitted that actually some dispute arose between both the sides and both the sides made assault upon each other and due to assault made by informant side, from the side of applicant also two persons sustained injuries including applicant and their injury reports have been annexed along with the supplementary affidavit filed in support of the instant bail application.

8. He further submitted that from the side of applicant also a FIR was lodged against the informant side, which has been annexed along with the instant bail application. He further submitted that it is a case in which both the sides sustained injuries and who was the real aggressor can only be ascertained by the trial court during trial.

9. He further submitted that applicant is a lady and she is not having any criminal history and she is in jail in the present matter since 02.11.2024.

10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that actually applicant along with others participated in the incident and due to assault made by them, from the side of informant, six persons sustained injuries and one person died and however, from the side of applicant, a FIR was lodged but the same was lodged after the lodgement of the FIR of the present case.

11. Learned counsel for the informant also submitted that however, from the medical reports of the applicant and another injured, it appears that they sustained injuries in the incident but they were examined on 02.11.2024 and, therefore, it reflects that they did not sustain any serious injury but both the counsels could not dispute the fact that applicant is lady and there is general allegation against all the accused persons.

12. I have heard learned counsel for the parties and perused the record of the case.

13. However, as per allegation, applicant along with others made assault and due to assault made by them, one person died and six persons sustained injuries but record also suggests that from the side of applicant also two persons sustained injuries including applicant.

14. Further, however, FIR from the side of applicant was lodged after the FIR of the present case but record also suggests that FIR of the present case was also lodged on 01.11.2024 at about 14:07 hours i.e. after more than 12 hours from the time of alleged incident. Considering all these facts, the argument advanced by learned counsel for the applicant that actually both the sides sustained injuries and who was the real aggressor can only be ascertained by the trial court during trial, cannot be completely ruled out at this stage.

15. Further, applicant is a lady and she is not having any criminal history and she is in jail in the present matter since 02.11.2024.

16. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

18. Let the applicant- Ramdai 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.

19. 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.

20. 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 :- 24.2.2025 KK Patel KRISHN KANT PATEL High Court of Judicature at Allahabad