High Court · 2025

3. FIR of the present case was lodged on 25.5.2024 against the applicant and six others and some unknown persons and according to the FIR, on 24.5.2024 at about 10.00 PM in the night on trivial issue applicant along with other accused persons made assault through wooden sticks and iron rods and due to assault made by them number of persons sustained injuries including informant and his father and due to the injuries subsequently his father died.

4. Learned counsel for the applicant submits that on the basis of false, general and omnibus allegations applicant has been made accused in the present matter along with as many as eight accused persons and actually he never participated in the alleged incident.

5. He further submits that even from the facts of the case it appears to be a case of free fight and from the side of the applicant also co-accused Aman sustained injuries.

6. He further submits that however, unfortunately in the incident the father of the informant died but his post mortem report suggests that he sustained single injury on his head and there is no evidence which can suggest that applicant caused this injury. He next submits that considering the number of accused persons named in the FIR prima facie it appears to be a case of over implication.

7. He further submits that however, apart from the deceased, as per allegation, from the side of the informant five other persons also sustained injuries but injuries sustained by them were not dangerous to life.

8. He further submits that even who was aggressor it could only be decided by the trial court during trial.

9. He further submits that applicant is not having any previous criminal history and he is senior citizen aged about 60 years and he is in jail in the present matter since 5.10.2024.

10. Per contra, learned AGA opposed the prayer for bail and submits that due to assault made by applicant and others, five persons sustained injuries and one person died.

11. Learned AGA however could not dispute the fact that from the side of applicant also co-accused Aman sustained injuries.

12. He further could not dispute the fact that from the perusal of the post mortem report of the deceased it reflects that he sustained solitary injury on his head and there is no evidence on record which can suggest that applicant was the author of this injury.

13. He further could not dispute the fact that only general and omnibus allegations have been levelled against all the accused and applicant is not having any previous criminal history and he is aged about 60 years.

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

15. However, as per allegation on trivial issue applicant and others made assault through iron rods and wooden sticks due to which five persons sustained injuries and one person died but record also suggests that from the side of applicant also co-accused Aman sustained injuries and considering this fact and other facts of the case, the argument advanced by the learned counsel for the applicant that it appears to be a case of free fight, cannot be ruled out at this stage.

16. Further, post mortem report of the deceased suggests that he sustained only single injury and it is nowhere on record that applicant caused this injury.

17. Record further suggests that on the basis of general and omnibus allegations applicant, who was aged about 60 years old, has been made accused in the present matter along with as many as eight persons. Considering this fact, this Court finds merit in the argument advanced by the learned counsel for the applicant that prima facie it appears to be a case of over implication.

18. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 05.10.2024.

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

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

21. Let the applicant-Gaffar 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.

22. 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.

23. 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 :- 18.3.2025 SKM SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

3. FIR of the present case was lodged on 25.5.2024 against the applicant and six others and some unknown persons and according to the FIR, on 24.5.2024 at about 10.00 PM in the night on trivial issue applicant along with other accused persons made assault through wooden sticks and iron rods and due to assault made by them number of persons sustained injuries including informant and his father and due to the injuries subsequently his father died.

4. Learned counsel for the applicant submits that on the basis of false, general and omnibus allegations applicant has been made accused in the present matter along with as many as eight accused persons and actually he never participated in the alleged incident.

5. He further submits that even from the facts of the case it appears to be a case of free fight and from the side of the applicant also co-accused Aman sustained injuries.

6. He further submits that however, unfortunately in the incident the father of the informant died but his post mortem report suggests that he sustained single injury on his head and there is no evidence which can suggest that applicant caused this injury. He next submits that considering the number of accused persons named in the FIR prima facie it appears to be a case of over implication.

7. He further submits that however, apart from the deceased, as per allegation, from the side of the informant five other persons also sustained injuries but injuries sustained by them were not dangerous to life.

8. He further submits that even who was aggressor it could only be decided by the trial court during trial.

9. He further submits that applicant is not having any previous criminal history and he is senior citizen aged about 60 years and he is in jail in the present matter since 5.10.2024.

10. Per contra, learned AGA opposed the prayer for bail and submits that due to assault made by applicant and others, five persons sustained injuries and one person died.

11. Learned AGA however could not dispute the fact that from the side of applicant also co-accused Aman sustained injuries.

12. He further could not dispute the fact that from the perusal of the post mortem report of the deceased it reflects that he sustained solitary injury on his head and there is no evidence on record which can suggest that applicant was the author of this injury.

13. He further could not dispute the fact that only general and omnibus allegations have been levelled against all the accused and applicant is not having any previous criminal history and he is aged about 60 years.

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

15. However, as per allegation on trivial issue applicant and others made assault through iron rods and wooden sticks due to which five persons sustained injuries and one person died but record also suggests that from the side of applicant also co-accused Aman sustained injuries and considering this fact and other facts of the case, the argument advanced by the learned counsel for the applicant that it appears to be a case of free fight, cannot be ruled out at this stage.

16. Further, post mortem report of the deceased suggests that he sustained only single injury and it is nowhere on record that applicant caused this injury.

17. Record further suggests that on the basis of general and omnibus allegations applicant, who was aged about 60 years old, has been made accused in the present matter along with as many as eight persons. Considering this fact, this Court finds merit in the argument advanced by the learned counsel for the applicant that prima facie it appears to be a case of over implication.

18. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 05.10.2024.

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

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

21. Let the applicant-Gaffar 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.

22. 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.

23. 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 :- 18.3.2025 SKM SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad