Neutral Citation No. - 2025:AHC:28787 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40046 of 2024 Applicant :- Kapil And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sudhanshu Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sudhanshu Singh, learned counsel for the applicants and Sri B.P. Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 486 of 2024, under Sections 105, 115(2), 352, 351(3) B.N.S., Police Station Baheri, District Bareilly during pendency of the trial. 3. FIR of the present case was lodged on 10.07.2024 against applicants and according to the FIR on 10.07.2024 at about 8:00 AM in the morning applicants made assault through wooden sticks and bricks and due to the assault made by them father of the informant died and in the incident informant and two others also sustained injuries. 4. Learned counsel for the applicants submitted that on the basis of false allegation, applicants have been made accused in the present matter. 5. He further submitted that from the post mortem report of the deceased it reflects, he sustained one abrasion on the chest and he died due to Myocardial Infraction, therefore, applicant cannot be held responsible for his death. 6. He further submits, injury sustained by all the injured were simple in nature. He further submits, applicants are not having any criminal history and in the present matter they are in jail since 18.07.2024 i.e. for last more than seven months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation due to the assault made by the applicants three persons sustained injuries and one person died but it reflects, deceased died due to Myocardial Infraction, therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that applicants cannot be held liable for the death of the deceased. 10. Further, injuries sustained by all the injured appear to be simple in nature. Further, applicants are not having any criminal history and in the present matter they are in jail since 18.07.2024 i.e. for last more than seven months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicants - Kapil, Ravi and Anil 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 applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 14. 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 applicants. 15. 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad