Neutral Citation No. - 2025:AHC:3799 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37547 of 2024 Applicant :- Lahari Opposite Party :- State of U.P. Counsel for Applicant :- Km. Khushi,Uma Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Sonu Kumar Upadhyay, learned Advocate apprised the Court that actually Sri Uma Nath Pandey is counsel for the informant but his name has wrongly been shown as one of the counsel for the applicant. However, he submits, he is holding the brief of Sri Uma Nath Pandey, learned counsel for the informant and is ready to assist the Court. 2. Heard Km. Khushi, learned counsel for the applicant, Sri Sonu Kumar Upadhyay, learned Advocate holding brief of Sri Uma Nath Pandey, learned counsel for the informant and Sri Shatruhan Yadav, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 358 of 2024, under Section 105 B.N.S., Police Station Ramkola, District Kushinagar during pendency of the trial. 4. FIR of the present case was lodged against applicant on 13.08.2024 and according to the FIR applicant used electric wire around his field and due to electric current three persons died due to electrocution including nephew of the informant. 5. Learned counsel for the applicant submitted that however it is an unfortunate case in which three persons lost their lives due to electrocution but it cannot be said that applicant caused their death. 6. She further submits, applicant is a farmer and being poor farmer he used electric wire around his field to save his field and if accidentally due to electrocution three persons died then it cannot be said that applicant caused their death. 7. She further submits, at the worst applicant can be prosecuted for illegal use of electric were without permission around his field. 8. She further submits, applicant is not having any criminal history and in the present matter he is in jail since 14.08.2024. 9. Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail and submitted that due to the illegal act and negligence of the applicant three persons lost their lives due to electrocution as applicant illegally installed electric wire around his field but they could not dispute the fact that even from the facts of the case it could not be reflected that applicant was having any intention to cause the death of deceased persons. 10. I have heard learned counsel for the parties and perused the record of the case. 11. It is unfortunate case in which due to electrocution three persons lost their lives, however, it reflects that applicant by illegal means drawn electric wire around his field but this Court cannot brushed aside the submission advanced by learned counsel for the applicant that it cannot be said that applicant was having intention to cause death of deceased persons and it appears, accidentally they came close in the contact of electric wire and due to electrocution they died. 12. Further, law is settled that bail is a rule while bail rejection is an exception and bail application cannot be dismissed for punitive purpose. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 14.08.2024. 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 - Lahari 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 :- 8.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad