Neutral Citation No. - 2025:AHC:85546 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4411 of 2025 Applicant :- Sandeep Chauhan Alias Pardeshi Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed by State is taken on record. 2. Heard Sri Kamlesh Kumar Tiwari, learned counsel for the applicant and Sri Manav Chaurasiya, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 629 of 2024, under Sections 115(2), 352, 351(3), 125-B, 105 BNS, Police Station- Gagaha, District- Gorakhpur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that initially FIR was lodged under Sections 115(2), 352, 351(3), 125 and 110 BNS but after the death of the injured, case was converted under Section 105 BNS. He further submitted that however, applicant is named in the FIR and as per allegation, by causing injury to the deceased through bricks and wooden stick, he caused his death but entire allegation levelled against the applicant is totally false.He further submitted that even informant of the case was not the eye-witness. 5. He further submitted that when the statements of other witnesses were recorded then however, they made allegation against the applicant but from their statements, it reflects, applicant was not having any weapon in his hand. 6. He further submitted that however, post-mortem report of the deceased suggests that he sustained two injuries but only injury no.2 was on the vital part and this fact suggests that applicant was not having any intention to cause death of the deceased. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 29.11.2024 i.e. for last six months. 8. 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. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, due to assault made by applicant deceased died but from the statements of the witnesses, it reflects, he was not having any weapon in his hand. 11. Further, however, post-mortem report suggests that deceased sustained two injuries but only injury no.2 was on the vital part and considering this fact, the argument advanced by learned counsel for the applicant that from the record, it could not be reflected that applicant was having any intention to cause death of the deceased, cannot be completely ruled out at this stage. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 29.11.2024 i.e. for last six months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is 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 applicant- Sandeep Chauhan Alias Pardeshi 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. 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 applicant. 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 :- 20.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad