Neutral Citation No. - 2025:AHC:17847 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47469 of 2024 Applicant :- Kaushlesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Babu Lal Ram Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Babu Lal Ram, learned counsel for the applicant, Sri Vinod Kumar, 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. 53 of 2024, under Section 304 IPC, Police Station Handia, District Prayagraj during pendency of the trial. 3. FIR of the present case was lodged against applicant and two others on 02.02.2024 under Section 304 IPC and according to the FIR applicant and other accused persons illegally installed the electric wire around their field and due to this reason one Vijay Pratap died due to electrocution. 4. Learned counsel for the applicant submits, on the basis of false allegation, applicant has been made accused in the present matter. He further submits, applicant and other accused persons for the purpose to protect their field from animal installed the electric wire and if due to the electrocution deceased died then it cannot be said that applicant and other accused persons were having intention to cause his death. 5. He further submits, if applicant and other accused persons installed the electric wire illegally then they for that purpose may be prosecuted but they cannot be prosecuted for offence under Section 304 IPC. He further submits, even present case does not travel beyond Section 304 (II) IPC 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 04.11.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that by illegal means applicant and other accused persons installed the electric wire around their field, therefore, it cannot be said that they did not commit the offence under Section 304 IPC and as due to their act one person lost his life, therefore, applicant should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. As per allegation applicant and other accused persons by illegal means installed the electric wire around their field due to which deceased died due to electrocution but from the record it could not be reflected that applicant and other accused persons were having intention to cause death of the deceased and considering this fact, the argument advanced by learned counsel for the applicant that present case does not travel beyond Section 304(II) IPC, cannot be ruled out at this stage. 10. Further, law is settled that bail is a rule while bail rejection is an exception and bail cannot be dismissed for punitive purpose. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 04.11.2024. 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 - Kaushlesh Singh 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad