Neutral Citation No. - 2025:AHC:62611 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5781 of 2025 Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Diwakar Tiwari,Jyoti Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Diwakar Tiwari, learned counsel for the applicant and Shri Pradeep Kumar, learned A.G.A. for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 474 of 2024, under Section 103(1), 238(A), 3(5) of B.N.S., Police Station Tappal, District Aligarh, during pendency of the trial. 3. Learned counsel for applicant submits, applicant was not named in the F.I.R. and during investigation he has been made accused through the statement of co-accused Ravi who was named in the F.I.R. and except the statement of co-accused and confessional statement of the applicant, there is no other evidence against him on record. 4. He further submits, from the post-mortem report, it reflects deceased died due to drowning, therefore, it appears to be a case of accidental death and it appears while deceased was taking bath, he accidentally drowned and died. 5. He next submits the applicant is not having any criminal history in the present matter and he is in jail since 28.09.2024 i.e. for last more than six months 6. 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. 7. I have heard learned counsel for the parties and perused the record of the case. 8. It reflects name of the applicant was surfaced in the present matter through the statement of the co-accused and accept the statement of co-accused and confessional statement of the applicant, there is no other evidence against the applicant on record. 9. Further, applicant is not having any criminal history and in the present matter he is in jail 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 - Kuldeep 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 :- 23.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad