Neutral Citation No. - 2025:AHC:29356 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7339 of 2025 Applicant :- Subedas Opposite Party :- State of U.P. Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Jaysingh Yadav, learned counsel for the applicant and Sri Santosh Kumar Pandey, learned brief holder for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.79 of 2024, under Section 105 of BNS, Police Station Girar, District Lalitpur during pendency of the trial. 3. FIR of the present case was lodged on 17.12.2024 against the applicant and co- accused Vishal and according to the FIR on 11.12.2024 at about 7.00 P.M. in the evening when husband of the informant was in the house of applicant then some dispute arose between both of them and thereafter applicant along with his cousin brother Vishal pushed him due to which he fell down and sustained injuries and on 12.12.2024 he died. 4. Learned counsel for the applicant submits, from the record it reflects incident occurred on 11.12.2024 but in spite of that FIR was lodged on 17.12.2024 i.e. after six days and this delay in lodging the FIR suggest that it is based on false facts. 5. He further submits, however as per allegation due to the act of the applicant and co-accused Vishal deceased sustained injuries and died but from the post mortem report it reflects deceased died due to cardiac arrest and this fact again shows that entire allegation levelled against the applicant is false. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 19.12.2024. 7. Per contra, learned AGA opposed the prayer for bail could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation due to the act of applicant and co-accused deceased sustained injuries and died but post-mortem report suggest deceased died due to cardiac arrest. Further, FIR of the present case was lodged after seven days and no plausible explanation has been given by the informant in this regard. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 19.12.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant -Subedas 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. 14. 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. 15. 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 :- 3.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad