High Court · 2025

counsel for the applicant, Shri Ashutosh Singh, learned A.G.A. for the State-respondent.

3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.318 of 2024, under Sections 105, 115(2), 126(2), 352, 324(4) B.N.S., 2023, Police Station Khukhundu, District Deoria, during pendency of the trial in the court below.

4. FIR of the present case was lodged on 26.09.2024 against applicant and two others and according to the FIR, applicant and other accused persons made assault upon the brother of the informant when he was going alongwith one Akhilesh Singh due to which he sustained injuries and died.

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

6. He further submits that admittedly informant was not an eye- witness and however, as per prosecution at the time of incident Akhilesh Singh, the friend of the deceased, was alongwith him and he in his statement recorded during investigation stated that applicant and four others made assault through wooden stick upon the deceased due to which, he sustained injuries and died but allegations levelled by him against the applicant and others are totally false.

7. He further submits that actually a dispute arose between both the sides and after that brother of the informant i.e. deceased and injured witness Akhilesh Singh started making assault upon the applicant side and due to the assault made by them, mother and brother of the applicant sustained injuries and during fighting villagers arrived at spot and in the incident deceased sustained injuries and died. He further submits, the medical reports of the mother and brother of the applicant have been annexed alongwith the instant bail application.

8. He further submits when inspite of the best efforts, FIR from the side of the applicant could not be lodged then from his side an application under Section 156(3) Cr.P.C. was moved, which has been allowed by the court concerned.

9. He further submits that however, from the post-mortem, it reflects that deceased sustained as many as ten injuries but he died due to head injury and he sustained only one injury on his head and there is no evidence on record, which can suggest that applicant caused this injury.

10. He further submits that on the basis of general and omnibus allegation, applicant has been made accused alongwith others.

11. He further submits that applicant is having no criminal history and he is in jail in the present matter since 27.09.2024.

12. Per contra, learned AGA opposed the prayer for bail and submits that Akhilesh Singh is the injured witness, who was alongwith the deceased at the time of incident and he categorically disclosed the name of the applicant but he could not dispute the fact that from the side of the applicant also two persons sustained injuries and application under Section 156(3) Cr.P.C. moved from the side of the applicant against the informant side has been allowed by the court concerned.

13. Learned A.G.A. further could not dispute the fact that however, deceased sustained as many as ten injuries but he sustained only one injury on his head and he died due to head injury and there is no evidence that applicant is the author of this injury.

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

15. However, as per the injured witness, applicant alongwith four others including his mother and brother made assault upon the deceased and due to assault made by them, he also sustained injuries and according to him he was also alongwith the deceased at the time of incident but record also suggests that in the alleged incident, mother and brother of the applicant both sustained injuries and on the application moved by applicant side under Section 156(3) Cr.P.C., learned court concerned has directed to lodge the FIR against the informant side.

16. Further, however, from the post-mortem report, it reflects, deceased sustained as many as ten injuries but he sustained only one injury on his head and he died due to head injury and there is no evidence that applicant is the author of this injury.

17. Further, applicant is having no criminal history and he is in jail in the present matter since 27.09.2024.

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

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

20. Let the applicant- Pankaj Pandey @ Anand, 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.

21. 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.

22. 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 :- 7.2.2025 Zafar MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

counsel for the applicant, Shri Ashutosh Singh, learned A.G.A. for the State-respondent.

3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.318 of 2024, under Sections 105, 115(2), 126(2), 352, 324(4) B.N.S., 2023, Police Station Khukhundu, District Deoria, during pendency of the trial in the court below.

4. FIR of the present case was lodged on 26.09.2024 against applicant and two others and according to the FIR, applicant and other accused persons made assault upon the brother of the informant when he was going alongwith one Akhilesh Singh due to which he sustained injuries and died.

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

6. He further submits that admittedly informant was not an eye- witness and however, as per prosecution at the time of incident Akhilesh Singh, the friend of the deceased, was alongwith him and he in his statement recorded during investigation stated that applicant and four others made assault through wooden stick upon the deceased due to which, he sustained injuries and died but allegations levelled by him against the applicant and others are totally false.

7. He further submits that actually a dispute arose between both the sides and after that brother of the informant i.e. deceased and injured witness Akhilesh Singh started making assault upon the applicant side and due to the assault made by them, mother and brother of the applicant sustained injuries and during fighting villagers arrived at spot and in the incident deceased sustained injuries and died. He further submits, the medical reports of the mother and brother of the applicant have been annexed alongwith the instant bail application.

8. He further submits when inspite of the best efforts, FIR from the side of the applicant could not be lodged then from his side an application under Section 156(3) Cr.P.C. was moved, which has been allowed by the court concerned.

9. He further submits that however, from the post-mortem, it reflects that deceased sustained as many as ten injuries but he died due to head injury and he sustained only one injury on his head and there is no evidence on record, which can suggest that applicant caused this injury.

10. He further submits that on the basis of general and omnibus allegation, applicant has been made accused alongwith others.

11. He further submits that applicant is having no criminal history and he is in jail in the present matter since 27.09.2024.

12. Per contra, learned AGA opposed the prayer for bail and submits that Akhilesh Singh is the injured witness, who was alongwith the deceased at the time of incident and he categorically disclosed the name of the applicant but he could not dispute the fact that from the side of the applicant also two persons sustained injuries and application under Section 156(3) Cr.P.C. moved from the side of the applicant against the informant side has been allowed by the court concerned.

13. Learned A.G.A. further could not dispute the fact that however, deceased sustained as many as ten injuries but he sustained only one injury on his head and he died due to head injury and there is no evidence that applicant is the author of this injury.

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

15. However, as per the injured witness, applicant alongwith four others including his mother and brother made assault upon the deceased and due to assault made by them, he also sustained injuries and according to him he was also alongwith the deceased at the time of incident but record also suggests that in the alleged incident, mother and brother of the applicant both sustained injuries and on the application moved by applicant side under Section 156(3) Cr.P.C., learned court concerned has directed to lodge the FIR against the informant side.

16. Further, however, from the post-mortem report, it reflects, deceased sustained as many as ten injuries but he sustained only one injury on his head and he died due to head injury and there is no evidence that applicant is the author of this injury.

17. Further, applicant is having no criminal history and he is in jail in the present matter since 27.09.2024.

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

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

20. Let the applicant- Pankaj Pandey @ Anand, 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.

21. 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.

22. 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 :- 7.2.2025 Zafar MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad