Neutral Citation No. - 2025:AHC:10630 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46125 of 2024 Applicant :- Bhupendra Alias Ramu Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Shukla,Rohit Nandan Shukla Counsel for Opposite Party :- G.A.,Mohit Yadav,Vivek Kumar Yadav Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Heard Sri Rohit Nandan Shukla, learned counsel for the applicant, Sri Vivek Kumar Yadav, learned counsel for the informant and Sri Ashutosh Singh, learned A.G.A. for the State- respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.630 of 2024, under Section 191(2), 125, 105 B.N.S., Police Station Shikohabad, District Firozabad during pendency of the trial. 4. FIR of the present case was lodged on 20.10.2024 and according to the FIR some dispute arose between father of the informant and his brother i.e. co-accused Maya Prakash and after receiving information of the dispute when informant and his younger brother Shiv Naresh arrived at the spot then his uncle Maya Prakash and his cousin i.e. applicant and others started throwing bricks and due to the throwing of bricks father of the informant and his younger brother Shiv Naresh sustained injuries and when they had taken the father of the informant to hospital then doctor declared him dead. 5. Learned counsel for the applicant submits that on the basis of false allegation only due to the enmity applicant who is first cousin of the informant has been made accused in the present matter along with his other family members and actually neither applicant nor his family members ever caused any injury either to the deceased or to injured Shiv Naresh. 6. He further submits that even as per prosecution by throwing of bricks by the applicant and others deceased sustained injuries and therefore, it cannot be said that applicant and other accused persons were having intention to cause his death. 7. He further submits that present case does not travel beyond section 105(2) B.N.S. 8. He further submits that applicant is not having any criminal history and in the present matter applicant is in jail since 20.10.2024. 9. Per contra, learned AGA and 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 applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Even as per allegation made in the FIR due to throwing of bricks by the applicant and other accused persons deceased sustained injury and died and considering this fact the submissions advanced by learned counsel for the applicant that applicant was not having any intention to cause death of the deceased cannot be ruled out at this stage. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 20.10.2024. 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 -Vikash Kesarwani 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 :- 22.1.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad