Neutral Citation No. - 2025:AHC:19368 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44542 of 2024 Applicant :- Deepak Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Pratap,Sushil Kumar Tewari Counsel for Opposite Party :- G.A.,Nimesh Kumar Shukla,Vinod Kumar Tirpathi Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of applicant is taken on record. 2. Heard Sri M.P. Singh, learned counsel for the applicant, Sri Manoj Kumar Tripathi, learned Advocate holding brief of Sri Nimesh Kumar Shukla, learned counsel for the informant and Sri Brijesh Pratap Singh, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 179 of 2024, under Sections 304, 406, 382/34, 504, 506, 201, 120-B IPC, Police Station- Sikrara, District- Jaunpur, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 04.07.2024 against applicant and two others and according to FIR, on 31.05.2024 applicant and two others after causing injury to brother of the informant dropped him at the house of the informant and when he was being taken to hospital then on the way he died. 5. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. 6. He further submitted that from the post-mortem report, which has been annexed along with the instant bail application, it reflects that deceased did not sustain any external injury and he died due to myocardial infraction and this fact suggests that on the basis of false allegation, applicant has been made accused in the present matter. 7. He further submitted that however, apart from the present case, applicant is having criminal history of one another case but that case is of the year 2001 and relates to the minor offence. He further submits, in the present matter applicant is in jail since 13.11.2024. 8. Per contra, learned AGA as well as learned counsel for the informant, however, opposed the prayer for bail but could not dispute the fact that deceased died due to myocardial infraction. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant and two others caused injury to the deceased due to which, he died but post-mortem report shows that deceased did not sustain any external injury and he died due to myocardial infraction. 11. Further, however, apart from the present case, applicant is having criminal history of one another case but that case is of the year 2001 and relates to the minor offence. 12. Further, in the present matter applicant is in jail since 13.11.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Deepak Singh 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. 16. 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. 17. 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 :- 10.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad