Neutral Citation No. - 2025:AHC:10744 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46195 of 2024 Applicant :- Sarvesh Opposite Party :- State of U.P. Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey Hon'ble Sameer Jain,J. 1. Heard Sri Anand Ji Mishra, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.263 of 2022, under Section 304 IPC, Police Station Chandpur, District Bijnor during pendency of the trial. 3. FIR of the present case was lodged on 04.05.2022 against the applicant under section 304 IPC and according to the FIR under intoxication applicant made assault upon his wife through wooden stick and due to which she sustained injury and when she was being taken to hospital then on the way she died. 4. Learned counsel for the applicant submits that applicant is husband of the deceased and on the basis of false allegation he has been made accused in the present matter. 5. He further submits that even as per prosecution applicant under intoxication made assault through wooden stick upon his wife. 6. He further submits that even from the entire evidence on record it could not be reflected that applicant was having any intention to cause death of his wife. 7. He further submits that present case does not travel beyond section 304 part II IPC. 8. He further submits that applicant is not having any criminal history and in the present matter applicant is in jail since 29.08.2022 i.e. for last almost two and half year. 9. Per contra, learned AGA 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. However, as per allegation applicant made assault through wooden stick upon his wife due to which she died but even from the FIR it reflects that at the time of incident applicant was under intoxication. 12. Further, after considering the entire allegation levelled against applicant, the submission made by learned counsel for the applicant that present case does not travel beyond section 304 part II IPC cannot be ruled out at this stage. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 29.08.2022 i.e. for last almost two and half year. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Sarvesh 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. 17. 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. 18. 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