Neutral Citation No. - 2025:AHC:67014 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5814 of 2025 Applicant :- Umesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Raj Karan Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Raj Karan Yadav, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 14 of 2025, under Sections 105 BNS, Police Station Kotwali Nagar, District Banda, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, as per allegation applicant alongwith his associates made assault upon the brother of the informant due to which he died but entire allegation levelled against the applicant is totally false. 5. He further submitted that even from the FIR, it reflects that informant was not the eye witness. 6. He further submitted that incident is said to have been taken place on 2.1.2025 but FIR was lodged on 4.1.2025, therefore, there is also delay of two days in lodgement of the FIR. 7. He further submitted that during investigation when the statement of one eye witness Chottu was recorded then he stated that some scuffling was going on between applicant and deceased and suddenly deceased fell down and his head got impacted from the iron gate and subsequently he died. He further submitted that therefore, even from the statement of this eye witness which has been annexed alongwith the supplementary affidavit filed in support to the instant bail application it reflects that applicant was not having any intention to cause death of the deceased. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 10.1.2025. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is named in the FIR but it reflects that informant of the case was not an eye witness. 12. Further, from the record it reflects that one Chotu was the eye witness but after perusal of his statement, the argument advanced by learned counsel for the applicant that applicant was not having any intention to cause death of the deceased, cannot be ruled out, at this stage. 13. Further, applicant is having no criminal history and he is in jail in the present matter since 10.1.2025. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Umesh Kumar, 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 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad