Neutral Citation No. - 2025:AHC:18232 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47555 of 2024 Applicant :- Amit And Another Opposite Party :- State of U.P. Counsel for Applicant :- Narayan Swaroop,Vinay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Narayan Swaroop, learned counsel for the applicants, Sri Saral 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 applicants on bail in Case Crime No. 226 of 2024, under Sections 115(2), 352, 105 B.N.S., Police Station Jansath, District Muzaffar Nagar during pendency of the trial. 3. FIR of the present case was lodged against applicants on 19.11.2024 and according to the FIR due to previous dispute applicants started quarreling with the informant and during fight when his grand father tried to intervene then they pushed him due to which he fell down and sustained injuries. 4. Learned counsel for the applicants submitted that initially with regard to present incident a N.C.R. was lodged against applicants on 29.10.2024 under Sections 115(2), 352, 105 B.N.S. but after the death of the grand father of the informant, the case was converted under Section 105 B.N.S. He further submits, on the basis of false allegation, applicants have been made accused in the present matter. 5. He further submits, even as per prosecution, during quarrel deceased fell down and sustained injuries and died, therefore, it cannot be said that applicants were having any intention to cause death of the deceased. 6. He further submits, from the post mortem report also it reflects that deceased did not sustain any external injury and his cause of death is multiple organs failure due to Septicemia as an impact of injury. 7. He further submits, applicants are not having any criminal history and in the present matter they are in jail since 20.11.2024. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that deceased was aged about 80 years and when he tried to intervene then applicants pushed him due to which he fell down and died, therefore, it cannot be said that applicants are innocent, therefore, considering this fact, applicants should not be released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the nature of allegation leveled against the applicants the argument advanced by learned counsel for the applicants that applicants were not having any intention to cause death of the deceased, cannot be ruled out at this stage. 11. Further, from the entire allegation, the present case, prima facie, does not travel beyond Section 105(II) B.N.S. 12. Further, applicants are not having any criminal history and in the present matter they are in jail since 20.11.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicants - Amit and Kapil 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 16. 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 applicants. 17. 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad