High Court
Case Details
Neutral Citation No. - 2025:AHC:139309 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42283 of 2024
Legal Reasoning
Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Prince Srivastava Counsel for Opposite Party :- Ajay Kumar Mishra,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Prince Srivastava, learned counsel for the applicant, Sri Arimardan Yadav, learned A.G.A. for the State- Respondent and Sri Ajay Kumar Mishra, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.171 of 2024, under Sections 323, 504, 506, 302 IPC, Police Station Rajabpur, District Amroha, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 23.06.2024 against applicant and three others and according to the FIR, on 23.06.2024 at about 11 a.m. some dispute arose between the accused-applicant Aman and sister of the informant and thereafter the applicant along with others, after entering the house of the informant made assault upon them through wooden sticks and iron rod. It is further mentioned in the FIR that applicant and co-accused Minku made assault on the head of the mother of the informant through iron rod due to which she sustained serious injuries. 4. Learned counsel for the applicant submits that however, initially FIR of the present case was lodged under Sections 323, 308, 452, 504, 506 I.P.C. but after the death of the mother of the informant, case was converted under Section 302 I.P.C. He further submits that initially FIR was also lodged under Section 452 I.P.C. but when during investigation it was found that actually incident occurred outside the house of the informant then offence under Section 452 I.P.C. has been removed. He further submits that however, as per the prosecution, in the incident four persons sustained injuries and out of which one i.e. mother of the informant died and in the FIR there is specific allegation that applicant and co-accused Minku caused head injury to the deceased but when the statement of the informant was recorded during investigation then he assigned only general role to all the accused including applicant. He further submits that even the two injured witnesses also in their statements assigned only general role to all the accused but when the Investigating Officer put some questions from them then they stated that the applicant-accused Aman gave blow of wooden stick on the head of the deceased. 5. He further submits that during investigation, statements of number of other eye-witnesses were also recorded by the I.O. and they categorically stated that actually accused-applicant Aman and Harsh were the principal accused and they made assault upon the deceased and others. He further submits that however, in the incident apart from deceased, three persons also sustained injuries but their injuries were simple in nature. It is further submitted that on the similar footing the co-accused Minku has been granted bail by the Court vide order dated 10.03.2025 passed in Criminal Misc. Bail Application No. 39498 of 2024, therefore, the applicant is also entitled to be released on bail. He further submits that applicant is having no criminal history and he is in jail in the present matter since 25.06.2024 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit, applicant is specifically named in the FIR along with three others and in the FIR, it has been specifically mentioned that the applicant along with the co-accused Minku made assault upon the deceased. 7. They further submits that even from the statements of the injured witnesses, it reflects, applicant also participated in the incident but both the counsel could not dispute the fact that when statement of informant was recorded during investigation then he did not state that applicant and co-accused Minku made assault upon the deceased on her head and he attributed only general role to all the accused. They further could not dispute the fact that other remaining two injured witnesses specifically attributed the role of causing injury on the head of the deceased to the accused-applicant. They further could not dispute the fact that as per the statements of other eye-witnesses, which were recorded by Investigating Officer during investigation, applicant did not participate in the alleged incident of assault. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. However, applicant is named in the FIR along with three others and as per the FIR the accused-applicant Aman along with the co-accused Minku made assault upon the head of the deceased but when the statement of informant was recorded during investigation, who was one of the injured then he assigned only general role to all the accused. Further, applicant is having no criminal history and he is in jail in the present matter since 25.06.2024. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant Aman, 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. 12. 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. 13. 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 :- 14.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad