Neutral Citation No. - 2025:AHC:62396 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5761 of 2025 Applicant :- Ram Ashish Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Mishra,Awadhesh Kumar Pandey,Priyansh Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Anuj Mishra, 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. 762 of 2024, under Section 105 Bhartiya Nyay Sanhita, 2023, Police Station Gola, District Gorakhpur, during pendency of the trial. 3. Learned counsel for the applicant submits, however, along with the applicant, three others were also made accused in the F.I.R. of the present case but during investigation their involvement was found false and charge-sheet was filed only against the applicant and this fact suggests F.I.R. is based on false facts. 4. He further submits, however, as per allegations due to illegal installation of electric wire, mother of the informant died but entire allegation levelled against the applicant is false. 5. He next submits, the applicant used the electric wire for the purpose to protect his crops and it appears accidentally mother of the informant due to electrocution, died and applicant was not having any intention to cause her death. 6. He further submits, applicant is however having criminal history of one other case but that case relates to minor offences. 7. He further submits, in the present matter, the applicant is in jail since 06.01.2025. 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 the illegal use of electric wires by the applicant, mother of the informant died but considering the nature of allegation levelled against the applicant, this Court finds merit in the argument advanced by learned counsel for the applicant that prima facie, it appears to be a case of accidental death. 11. Further, however, apart from the present case, applicant is having criminal history of one another case but that case relates to minor offences and in the present matter, the applicant is in jail since 06.01.2025. 12. Further law is settled, bail application of an accused should not be dismissed for punitive purpose. 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 - Ram Ashish Nishad, 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 :- 23.4.2025/ Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad