Neutral Citation No. - 2025:AHC:33241 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8179 of 2025 Applicant :- Rinku Alias Bhondu Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Tiwari,Mahesh Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri M.C. Tiwari, learned counsel for the applicant and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 553 of 2021, under Sections 323, 304, 504 IPC, Police Station Shahganj, District Agra during pendency of the trial. 3. FIR of the present case was lodged on 15.12.2021 against applicant and three others and according to the FIR on 12.12.2021 at about 7.00 PM in the evening a dispute arose between applicant and nephew of the informant and during dispute when informant tried to intervene then applicant along with his brother started making assault upon him through kick and fist and when mother of the informant tried to save him then they after beating her pushed her due to which she fell and died. 4. Learned counsel for the applicant submits, however, entire allegation leveled against the applicant is totally false but even if the allegations are accepted then also it cannot be said that applicant was having intention to cause death of the deceased. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 08.11.2022 i.e. for last more than two years. 6. Per contra, learned AGA 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. Considering the nature of allegation leveled against the applicant, the argument advanced by learned counsel for the applicant that it cannot be said that applicant was having intention to cause death of the deceased and present case does not travel beyond Section 304(II) IPC, cannot be brushed aside at this stage. 9. Further, applicant is not having any criminal history and in the present matter he is in jail since 08.11.2022 i.e. for last more than two years. 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 - Rinku @ Bhondu 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 :- 7.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad