Neutral Citation No. - 2025:AHC:18743 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46336 of 2024 Applicant :- Mohd. Ameen Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajiv Chowdhury, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.134 of 2024, under Sections 105 and 333 BNS, Police Station Jaitpura, District Varanasi during pendency of the trial. 3. FIR of the present case was lodged on 9.7.2024 against the applicant and three others and according to the FIR, on 7.7.2024 at about 9.00 PM in the night due to previous enmity applicant and other accused persons gave a blow of fist on the chest of the son of the informant due to which he fainted and when he was taken to the Hospital then Doctor declared him dead. 4. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter . 5. He further submits that incident is said to have taken place on 7.7.2024 but in spite of that FIR of the present case was lodged on 9.7.2024, i.e., after two days. 6. He further submits that from the post mortem report it reflects that deceased did not sustain any ante mortem injury and his cause of death could not be ascertained and his viscera was preserved but till date viscera report could not be received. 7. He further submits that even if in the viscera report it would be found that deceased died due to consumption of poison then also applicant can not be held liable, as there is no allegation that applicant administered any poison to him. 8. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 9.7.2024, i.e., for the last more than six months. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation due to blow of fist given by applicant and others on the chest of the son of the informant he fainted and died but post mortem report suggests that he did not sustain any ante mortem injury and his cause of death could not be ascertained and his viscera was preserved and till date the viscera report is not on record. This Court finds merit in the argument advanced by the learned counsel for the applicant that even if in the viscera report it would be found that deceased died due to consumption of poison then also applicant cannot be held liable for his death considering the fact that there is no allegation against the applicant that he administered poison to the deceased. 12. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 9.7.2024, i.e., for the last more than six months. 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-Mohd. Ameen 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 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad