Neutral Citation No. - 2025:AHC:23614 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46360 of 2024 Applicant :- Manoj Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A.,Santosh Kumar Singh Hon'ble Sameer Jain,J. 1. Heard Sri Vivek Sharma, learned counsel for the applicant, Sri Vishal Kumar Sonkar, learned Advocate holding brief of Sri Santosh Kumar Singh, learned counsel for the informant 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. 584 of 2024, under Sections 115(2), 105, 352, 351(2) B.N.S., Police Station Gajraula, District Amroha during pendency of the trial. 3. FIR of the present case was lodged on 22.08.2024 against applicant and according to the FIR on 21.08.2024 at 6.00 PM in the evening applicant during quarrel suddenly tossed the father of the informant due to which he sustained injuries and died. 4. Learned counsel for the applicant submits, however, entire allegation leveled against the applicant is totally false but even if the allegations are accepted then also it cannot be said that applicant was having any intention to cause the death of the deceased, therefore, present case does not travel beyond section 105(2) B.N.S. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 23.08.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the nature of allegation leveled against the applicant, the argument advanced by learned counsel for the applicant cannot be ruled out at this stage. 9. Further, applicant is not having any criminal history and in the present matter he is in jail since 23.08.2024. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Manoj 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. 13. 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. 14. 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 :- 19.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad