Billo Alias Neeraj vs State of U.P.

Neutral Citation No. - 2025:AHC:69982

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12706 of 2025

Applicant :- Billo Alias Neeraj Opposite Party :- State of U.P. Counsel for Applicant :- Ranjeet Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Ranjeet Singh, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 225 of 2024, under Sections 105, 191 B.N.S, Police Station Pailani, District Banda during pendency of the trial.

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Learned counsel for the applicant submits, however, as per allegation applicant along with four others made assault due to which deceased died but entire allegation leveled against the applicant is totally false.

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He further submits, as per prosecution incident of assault took place on 16.10.2024 but FIR was lodged on 26.10.2024 i.e. after ten days and this delay in lodging the FIR itself suggests that FIR is based on false facts.

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He further submits, even from the post mortem report, it reflects, however deceased sustained as many as five injuries but except injury no.5 all the injuries were on non vital parts and deceased died due to injury no.5 and there is no evidence that applicant caused this injury to the deceased.

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He further submits, only on the basis of general allegations applicant has been made accused in the present matter.

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He further submits, applicant is not having any criminal history and in the present matter he is in jail since 02.11.2024.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for

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the applicant.

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

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However, applicant is named in the FIR and as per allegation he along with four others made assault due to which deceased died but it reflects, there is delay of ten days in lodgment of the FIR and only general allegations have been leveled against all the accused.

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Further, however, post mortem report suggests that deceased sustained as many as five injuries but except injury no.5 all the injuries were on non vital parts and it reflects, deceased died due to injury no.5, which is on the head and there is no evidence that applicant was the author of this injury.

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Further, applicant is not having any criminal history and in the present matter he is in jail since 02.11.2024.

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

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

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Let the applicant - Billo @ Neeraj 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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It is clarified that the observations made herein are limited to

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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.

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Order Date :- 2.5.2025 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Billo Alias Neeraj v. State of U.P.

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Billo Alias Neeraj v. State of U.P.

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