Neutral Citation No. - 2025:AHC:24945 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46494 of 2024 Applicant :- Navin Kumar Alias Golu Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Yadav,Shivam Yadav Counsel for Opposite Party :- Bhole Ram,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Aditya Yadav, learned counsel for the applicant, Sri Bhole Ram, learned counsel for the informant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 506 of 2024, under Section 105 BNS, Police Station- Ramgarh, District- Firozabad, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 25.08.2024 against applicant and according to FIR, on 14.08.2024 at about 3:00 p.m. in the afternoon, son of the informant had gone along with the applicant but he did not return and next day, his dead body was found. It is further mentioned in the FIR that due to conduct of the applicant, he died. 4. Learned counsel for the applicant submitted that however, as per informant, on 14.08.2024 in the afternoon deceased had gone along with the applicant and next day his dead body was recovered but in spite of that he lodged the FIR of the present case on 25.08.2024, therefore, there is inordinate delay in lodging the FIR and this fact suggests that it is based on false and frivolous facts. 5. He further submitted that from perusal of the post-mortem report, it reflects that deceased died due to drowning and he did not sustained any ante-mortem injury. He further submitted that record also suggests that his dead body was found from a drain and, therefore, it appears that accidentally he fell down in the drain and died and subsequently, on the basis of false allegation, applicant has been made accused in the present matter. 6. He further submitted that there is no eye-witness account and except the allegation that deceased had gone along with the applicant there is no other evidence against him. 7. He further submitted that even from the version of the FIR, it could not be reflected that applicant was having any intention to cause death of the deceased. 8. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 28.01.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that as applicant had gone along with the deceased and thereafter deceased did not return, therefore, it cannot be said that applicant is innocent but both the counsels could not dispute the fact that FIR of the present case was lodged after ten days. Learned counsel for the informant however, stated that on 16.08.2024 informant tried to lodge the FIR but his FIR could not be lodged. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, deceased had gone along with the applicant and thereafter he did not return and next day, his dead body was recovered but it reflects that FIR of the present case was lodged after 10 days. 12. Further, post-mortem report suggests that deceased died due to drowning and he did not sustain any ante-mortem injury. Record further suggests that his dead body was recovered from a drain. Considering all these facts, the submission advanced by learned counsel for the applicant that deceased accidentally fell in the drain and died, cannot be completely ruled out at this stage. 13. Further, even from the allegation levelled against the applicant in the FIR, it reflects that he was not having any intention to cause death of the deceased. 14. Further, applicant is not having any criminal history and he is in jail in the present matter since 28.10.2024. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Navin Kumar Alias Golu 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. 18. 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. 19. 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 :- 20.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad