Neutral Citation No. - 2025:AHC:71336 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5283 of 2025 Applicant :- Pavan Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 273 of 2023, under Sections 323, 504, 304 IPC, Police Station- Didoli, District- J.P. Nagar(Amroha), during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. He further submitted that actually, it is a case in which, applicant also sustained injury and this fact suggests that actually it is a case of free fight. He further submitted that even form the FIR, it reflects, at the time of incident applicant was under intoxication. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 06.06.2023 i.e. for last almost two years. 5. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is sole accused and due to injury caused by him, deceased died but could not dispute the fact that even as per informant, at the time of incident, applicant was under intoxication and he also sustained injury in the incident. He further could not dispute the fact that applicant is not having any criminal history and he is in jail in the present matter since 06.06.2023 i.e. for last almost two years. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, as per allegation, due to injury caused by applicant deceased died but it reflects, even as per prosecution, at the time of incident applicant was under intoxication. 8. Further, record also suggests, applicant also sustained injury in the incident. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 06.06.2023 i.e. for last almost two years. 10. Therefore, considering the facts and circumstances of the case discussed above, particularly the long incarceration of applicant of almost two years, 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- Pavan 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 :- 5.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad