Neutral Citation No. - 2025:AHC:40128 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9288 of 2025 Applicant :- Deepak Saini Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Amit Rai, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.240 of 2024, under Section 105 BNS, Police Station Kotwali Dehat, District Bijnor during pendency of the trial. 3. FIR of the present case was lodged on 1.11.2024 against the applicant and according to the FIR, due to fireworks by applicant brother of the informant 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 even if entire allegations levelled against the applicant are accepted then also it cannot be said that applicant was having any intention to cause death of the deceased. 6. He further submits that even present case does not travel beyond Section 105(2) BNS. 7. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 01.11.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the nature of allegation levelled against the applicant the argument advanced by the learned counsel for applicant that it could not be reflected that applicant was having any intention to cause death of the deceased and the present case does not travel beyond Section 105(2) BNS, cannot be ruled out at this stage. 11. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 01.11.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Deepak Saini 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. 15. 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. 16. 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 :- 20.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad