Neutral Citation No. - 2025:AHC:68432 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5880 of 2025 Applicant :- Munnu Lal Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Mahesh Kumar, learned counsel for the applicant and Shri Jhamman Ram, learned A.G.A. for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.191 of 2024, under Sections 105, 352 B.N.S., Police Station Charwa, District Kaushambi, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 08.08.2024 against applicant and two others and according to the F.I.R., on 07.08.2024 at about 11:30 p.m. in the night some dispute of the applicant arose with the brother of the informant and thereafter, he made assault upon his head through brick due to which, he sustained injuries and died. 4. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter. 5. He further submits that incident is said to have taken place on 07.08.2024 at about 11:30 p.m. in the night but inspite of that FIR of the present case was lodged on 08.08.2024 at 13:25 hrs. i.e. after fourteen hours and this delay in lodging the FIR suggests that it is bade on false facts. 6. He further submits that even from the allegation, it reflects, during dispute suddenly applicant caused injury to the deceased, therefore, prima-facie, it appears to be a case of sudden provocation and it cannot be said that applicant was having any intention to cause death of the deceased. 7. He further submits that applicant is not having any previous criminal history and he is in jail in the present matter since 12.08.2024 i.e. for last more than eight months. 8. 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. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. However, as per allegation, applicant caused brick injury to the deceased due to which, he died but it reflects, there is delay of fourteen hours in lodgding the FIR of the present case. 11. Further, considering the facts of the case, the argument advanced by learned counsel for the applicant that as during dispute suddenly applicant caused injury to the deceased, therefore, prima-facie, it appears to be a case of sudden provocation, cannot be ruled out at this stage. 12. Further, applicant is not having any previous criminal history and he is in jail in the present matter since 12.08.2024 i.e. for last more than eight months. 13. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should not be dismissed for punitive purpose. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be enlarged on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Munnu Lal, 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. 17. 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. 18. 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 :- 30.4.2025/Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad