Neutral Citation No. - 2025:AHC:59626 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4062 of 2025 Applicant :- Arvind Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Akash Kishan,Ashok Gupta Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Akash Kishan, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 95 of 2024, under Sections 304, 323 IPC, Police Station- Kotwali Nagar, District- Banda, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that as per allegation, applicant is e-rickshaw driver and due to dispute, he gave a blow of fist on the nose of father of the informant, due to which, he died but post-mortem report of the deceased suggests that he died due to ante-mortem myocardial infarction. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 14.03.2024 i.e. for last more than a year. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, due to blow of fist given by applicant deceased died but post-mortem report of the deceased suggests that he died due to myocardial infarction. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 14.03.2024 i.e. for last more than a year. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Arvind Kumar Gupta 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. 13. 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. 14. 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 :- 21.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad