Neutral Citation No. - 2025:AHC:5350 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47151 of 2024 Applicant :- Vipin Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Vidya Kant Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vidya Kant Tripathi, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 312 of 2024, under Sections 304, 323, 504 IPC, Police Station Naini, District Prayagraj, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 13.5.2024 under sections 323, 504, 304 IPC against the applicant and two others and according to the FIR, on 11.5.2024 at about 4 PM in the evening devarani of the informant started making quarrel with the husband of the informant due to partition of the property and when her husband resisted then son of her devarani i.e. applicant caused injury on his forehead through brick due to which he sustained injury and fell down and thereafter, he was taken to hospital and in the hospital on 13.5.2024 he died. 4. Learned counsel for the applicant submitted that applicant is nephew of the deceased and on the basis of false allegations, he has been made accused in the present matter. 5. He further submitted that however, entire story narrated by the informant in the FIR is totally false but even if it is accepted then also, it cannot be said the applicant was having any intention to cause death of his uncle. 6. He further submitted that it appears to be a case of sudden provocation in which unfortunately deceased sustained injuries and died. 7. He further submitted that applicant is a young boy aged about 19 years and he is having no criminal history and he is in jail in the present matter since 23.6.2024 i.e. for last more than six months. 8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is the principal accused who caused injury on the head of the deceased through brick but could not dispute the fact that applicant is 19 years old and he is having no criminal history and from the facts of the case, it could not be reflected that he was having any intention to cause death of the deceased. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant caused brick injury on the head of the deceased and due to head injury, he died but applicant is a young boy of about 19 years and from the facts, it could not be reflected that he was having any intention to cause death of the deceased. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 23.6.2024 i.e. for last more than six months. 12. Therefore, considering the facts and circumstances of the 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-Vipin Mishra, 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 :- 10.1.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad