Neutral Citation No. - 2025:AHC:17815 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46303 of 2024 Applicant :- Kishanpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.P. Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri R.P.Mishra, learned counsel for the applicant, appointed by the High Court Legal Services Committee and Sri Imran Khan, learned AGA, for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 98 of 2023, under Section 304 IPC, Police Station Zarif Nagar, District Budaun during pendency of the trial. 3. FIR of the present case was lodged against the applicant on 18.3.2023 under Section 304 IPC and according to the FIR, on 17.3.2023 at about 20.00 hours applicant was taking liquor along with his father and suddenly under intoxication altercation took place between both of them and thereafter he caused injuries to his father on his face through bricks and due to which he sustained injuries and in the morning he died. 4. Learned counsel for the applicant submits that applicant is the son 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 from the FIR it reflects that incident occurred under intoxication during altercation and, therefore, present case does not travel beyond Section 304 (2) IPC. 6. He further submits that even from the record it could not be reflected that applicant was having any intention to cause death of his father. 7. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 20.3.2023, i.e., for almost two years. 8. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument of facts advanced by the learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. However, as per allegation applicant caused brick injuries to his father due to which he died but from the record it reflects that at the time of incident applicant and his father both were under intoxication and during altercation incident occurred and considering these facts the argument advanced by learned counsel for the applicant that present case does not travel beyond Section 304 (2) IPC cannot be brushed aside. 11. Further, the applicant is not having any previous criminal history and in the present matter he is in jail since 20.3.2023, i.e.,for almost two years. 12. Therefore, considering the facts and circumstances of the present case discussed above, in my view, applicant is 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 applicant-Kishanpal 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. 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 applicant. 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 :- 7.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad