Neutral Citation No. - 2025:AHC:86597 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43432 of 2024 Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Shravana Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shravana Kumar Yadav, learned counsel for the applicant and Sri Manav Chaurasiya, learned A.G.A. for the State- respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.265 of 2024, under Sections 354, 304, 504, 506 I.P.C., Police Station Lohiyanagar, District Meerut, during pendency of the trial. 3. Learned counsel for the applicant submits that however, as per allegation, due to the assault made by applicant, deceased died but entire allegation levelled against him is totally false. 4. He further submits that even post-mortem report suggests that deceased died due to head injury and he sustained only single injury on his head, therefore, it appears, applicant was not having any intention to cause the death of the deceased. 5. He further submits that applicant is having no criminal history and he is in jail in the present matter since 21.06.2024 i.e. for last almost a year. 6. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard both the parties and perused the record of the case. 8. However, as per allegation, due to the assault made by applicant, deceased died but post-mortem report suggests that deceased died due to head injury and he sustained only single injury on his head. Considering this fact the argument advanced by learned counsel for the applicant that applicant was not having any intention to cause the death of the deceased, cannot be ruled out at this stage. 9. Further, applicant is having no criminal history and he is in jail in the present matter since 21.06.2024 i.e. for last almost a year. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Salman 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. 13. 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. 14. 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 :- 21.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad