Neutral Citation No. - 2025:AHC:65790 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5254 of 2025 Applicant :- Peetam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Pal Singh Jadaun,Seema Singh Jadaun Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Jitendra Pal Singh Jadaun, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 453 of 2024, under Sections 105, 115(2), 351(2), 352 BNS, Police Station- Sadabad, District- Hathras, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, as per allegation, applicant along with his wife made assault due to which, his brother died but entire allegation is totally false and after considering entire facts of the case in detail, co-accused Jaymala, wife of the applicant, has been released on bail by this Court and her bail order has been annexed at page no. 61 of the supplementary affidavit filed in support of the instant bail application. He further submitted that however, co-accused Jaymala was lady but from her bail order, it could not be reflected that she has been released on bail on the ground that she was lady rather after considering merit of the case, she has been released on bail and on facts, case of applicant is at par with her. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 23.09.2024 i.e. for last more than six months. 5. 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. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, as per allegation, applicant and his wife made assault due to which brother of the applicant died but it reflects, in the incident, wife of the applicant i.e. co-accused Jayamala also sustained injury and after considering entire facts of the case in detail, she has been released on bail and as far as incident of assault is concerned, case of applicant is at par with her. 8. Further, even from the allegation, it could not be reflected that applicant and co-accused were having any intention to cause death of the deceased. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 23.09.2024 i.e. for last more than six months. 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- Peetam 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. 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 :- 28.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad