Hon'ble Sameer Jain,J.

1. Heard Sri Bratendra Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State.

2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 204 of 2024, under Sections 103(1), 3(5), 352, 351(2) B.N.S., Police Station Oncha, District Mainpuri during pendency of the trial.

3. FIR of the present case was lodged on 23.10.2024 at 22.10 hours against applicant and two others and according to the FIR on 23.10.2024 at 8.30 AM in the morning due to property dispute applicant and other accused persons started making assault upon the father of the informant and co-accused Kaushal gave him a blow of wooden stick due to which he fell down.

4. Learned counsel for the applicant submits, initially FIR of the present case was lodged under Sections 109(1), 115(2), 352, 351(2) B.N.S. but after the death of the father of the informant case was converted under Section 103 (1) B.N.S.

5. He further submits that from the FIR however it reflects, initially general role of assault has been assigned to all the accused but subsequently in the FIR specific role of causing head injury to the deceased has been attributed to co-accused Kaushal.

6. He further submits, when the statements of witnesses were recorded including statement of the informant then they developed the case and stated that however co-accused Kaushal gave a blow on the head of the deceased but thereafter applicant and co- accused Raghav also made assault upon him and this fact suggests that actually nobody could see the real incident and due to previous enmity, applicant has been made accused in the present matter along with co-accused Kaushal.

7. He further submits, as per prosecution, incident occurred on 23.10.2024 at 8.30 AM but FIR was lodged on 23.10.2024 at 22.10 hours i.e.after more than 12 hours and this delay in lodging the FIR itself again suggests that FIR is based on false and frivolous facts.

8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 24.10.2024 i.e. for last six months.

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

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

11. From the perusal of the FIR it reflects, initially general allegation of assault has been made against all the accused but subsequently in the FIR it has been mentioned that co-accused Kaushal gave a blow of wooden stick upon the head of the deceased due to which he fell down.

12. Further, however, during investigation when the statements of eye witnesses were recorded including statement of informant then they developed the case and stated that after the assault by co- accused Kaushal, applicant and co-accused Raghav also made assault upon the deceased. Considering this fact, the argument advanced by learned counsel for the applicant in this regard cannot be ruled out at this stage.

13. Further, incident is said to have taken place on 23.10.2024 at 8.30 AM but FIR was lodged after more than 12 hours at 22.10 hours, therefore, there is inordinate delay in lodging the FIR of the present case.

14. Further, applicant is not having any criminal history and in the present matter he is in jail since 24.10.2024 i.e. for last six months.

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

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

17. Let the applicant - Balveer Singh 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 ap