Neutral Citation No. - 2025:AHC:86088 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3475 of 2025 Applicant :- Manish Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant in the Court is taken on record. 2. The instant matter is being taken up out of turn on the urgency shown by learned counsel for the applicant that on 15.05.2025 mother of the applicant died and applicant is her sole son. 3. Heard Shri Upendra Kumar Singh, learned counsel for the applicant and Shri Manav Chaurasiya, learned A.G.A. for the State-respondent. 4. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.397 of 2020, under Sections 147, 149, 304 IPC, Police Station Aonla, District Bareilly, during pendency of the trial in the court below. 5. Learned counsel for the applicant submits that however, as per allegation, applicant alongwith others by causing injury caused the death of the deceased but entire allegation levelled against him is totally false and after considering entire facts in detail during investigation, he has been enlarged on anticipatory bail till submission of the charge-sheet by this Court vide order dated 19.03.2021 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.5712 of 2021 but when after submission of the charge-sheet, he applied for regular bail before court concerned then his bail application has been dismissed. 6. He further submits that however, charge-sheet was filed against the applicant in the year 2021 and he could only be appeared before the court concerned after three years but he is not an absconder. 7. He further submits that summons issued to the applicant never served upon him and as mother of the applicant, who was quite aged and was very ill, therefore, he could not appear before the court concerned. 8. He further submits that applicant is having no criminal history and he is in jail in the present matter since 16.12.2024. 9. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. However, as per allegation, applicant and other accused made assault due to which, deceased died but other accused persons have already been released on bail by this Court and their bail orders have been annexed alongwith the instant bail application. 12. Further, even during investigation, applicant was on anticipatory bail till submission of the charge-sheet pursuant to the order passed by this Court. 13. Further, however, it reflects, applicant could only be appeared before the trial court after three years but considering the argument advanced by learned counsel for the applicant it cannot be said that applicant was absconder. 14. Further, even after considering the over all circumstances of the case, in view of this Court, it is not proper to withheld the bail application of the applicant on above ground. 15. Further, applicant is having no criminal history and he is in jail in the present matter since 16.12.2024. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant- Manish, 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. 19. 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. 20. 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 :- 21.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad