Neutral Citation No. - 2025:AHC:27800 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2560 of 2025 Applicant :- Monu Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.,Man Bahadur Singh,Saurabh Kumar Hon'ble Sameer Jain,J. 1. Heard Sri Janardan Yadav, learned counsel for the applicants, Sri Saurabh Kumar, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 495 of 2024, under Sections 115(2), 105 BNS, Police Station- Jiyanpur, District- Azamgarh, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 05.11.2024 against applicants and their father and according to FIR, on 04.11.2024 at about 8:30 p.m. in the evening, applicants along with their father made assault upon the father of the informant through wooden sticks and bricks and due to assault made by them, he sustained injuries and when informant has taken him to the hospital then doctor declared him dead. It is further mentioned in the FIR that informant also sustained injury in the incident. 4. Learned counsel for the applicants submitted that on the basis of false allegation, applicants have been made accused in the present matter along with their father. 5. He further submitted that however, as per allegation due to assault made by applicants and their father, deceased sustained injury and died but from the post-mortem report, it reflects he did not sustain any ante-mortem injury and he died due to myocardial infraction and this fact clearly suggests that deceased died due to heart attack and after his death, only due to previous enmity, being collateral of the deceased, applicants have been made accused in the present matter. 6. He further submitted that applicants are not having any criminal history and they are in jail in the present matter since 21.12.2024. 7. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. However, learned AGA pointed out that apart from the present case, applicant is having criminal history of one another case but he fairly conceded, that case relates to minor offence. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicants along with their father badly beaten the deceased due to which, he died but from the post- mortem report, it reflects, deceased did not sustain any ante- mortem injury and he died due to myocardial infraction. 10. Further, however, apart from the present case, applicants are having criminal history of one another case but that case relates to minor offence 11. Further, applicants are in jail in the present matter since 21.12.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicants- Monu Yadav and Sudhir Yadav 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. 15. 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. 16. 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 :- 27.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad