Neutral Citation No. - 2025:AHC:28130 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3566 of 2025 Applicant :- Santosh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tripathi,Akhilesh Kumar Mishra,Ankit Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 07 of 2024, under Section 304 IPC, Police Station Bharthana, District Etawah, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 11.1.2024 against the applicant by his mother and according to the FIR on 10.1.2024 some dispute arose between applicant and his sister and thereafter applicant gave a blow on her head due to which she fainted and thereafter accidentally her clothes caught fire and in the night she died. 4. Learned counsel for the applicant submitted that however, applicant is real brother of the deceased but on the basis of false allegations, he has been made accused in the present matter. 5. He further submitted that the alleged incident is said to have been taken place on 10.1.2024 and FIR was lodged on 11.1.2024 i.e. next day and this delay in lodging the FIR itself suggests that it is based on false and frivolous facts. 6. He further submitted that except the mother of the applicant i.e. informant there is no eye witness and when she appeared before the court concerned as PW-1 then she did not support the prosecution case and has been declared hostile and her statement recorded before the trial court has been annexed alongwith the instant bail application. 7. He further submitted that even from the FIR and the statement of the informant it reflects, both i.e. applicant and deceased were under intoxication. 8. He further submitted that applicant is having no previous criminal history and he is in jail in the present matter since 13.1.2024 i.e. for last more than a year. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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. However, as per allegation applicant who was real brother of the deceased caused her death by making assault upon her but it reflects that informant i.e. mother of the applicant is the sole eye witness and during trial she has been declared hostile as she did not support the prosecution case. 12. Further, even from the FIR and the statement of the informant recorded during investigation it reflects applicant and deceased both were under intoxication at the time of incident. 13. Further, applicant is having no previous criminal history and he is in jail in the present matter since 13.1.2024 i.e. for last more than a year. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Santosh Kumar, 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. 17. 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. 18. 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 :- 28.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad