Neutral Citation No. - 2025:AHC:104112 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40014 of 2024 Applicant :- Arun Fauji Opposite Party :- State of U.P. Counsel for Applicant :- Prem Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Ms. Haya Rizvi, learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard Haya Rizvi, learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Arun Fauji, seeking enlargement on bail in Case Crime No. 453 of 2024, under Section 304 IPC, Police Station Baraut, District Baghpat. 4. As per the prosecution version the deceased Babloo, had been living with the applicant since 15-16 years and was mentally retarded, the applicant sometime committed marpeet and on 26.06.2024 in the night applicant committed marpeet with the deceased and thereafter applicant slept and never woke up. In the morning applicant saw that Babloo had died. 5. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 06.08.2024. He has criminal antecedent of one case, which has been explained in para 20 of the affidavit filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 6. Learned counsel for the applicant submits that the incident took place on 26.06.2024 and the FIR was lodged on 28.06.2024 after two days of the incident without giving any explanation for delay in lodging the FIR. During investigation, the investigating officer recorded the statement of inquest witnesses namely Jayveer, Ashok, Smt. Munesh and Sunil under Section 161 Cr.P.C. on 05.07.2024 in which they have stated that the deceased was working as servant in the house of the applicant for the last 15-16 years and he was mentally retarded. The investigating officer has also recorded the statement of independent witnesses namely Sunil and Narendra Singh under Section 161 Cr.P.C. on 14.08.2024 in which they have also stated that the deceased was working as servant for the last 15-16 years in the house of the applicant who was mentally retarded and sometimes he did toilet and urine in his clothes and due to this reason sometimes applicant committed marpeet with him and all the witnesses have stated that they have got the information from villagers that the applicant committed marpeet with the deceased and due to this reason he died but how deceased was died in this regard they have no knowledge because they were not present at the time of his death. It is next submitted that the applicant is a retired army man and during his service period he served the nation and he is a reputed person of the society and has not committed the alleged offence. The applicant has neither any motive nor any intention to commit the alleged offence and no such type of the offence was ever committed by him and he has been falsely implicated in the present case. The charge leveled against the applicant are doubtful. No case is made out under Section 304 IPC against the applicant. It is further submitted that the first informant has been examined as P.W.1 and he has been declared hostile before the trial court on 13.05.2025 and as such the alleged entire prosecution story against the applicant is false, fabricated, baseless and concocted. Hence, bail has been prayed for. 7. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 8. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 9. Accordingly, the bail application is allowed. 10. Let the accused-applicant, Arun Fauji, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 11. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 3.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad