Neutral Citation No. - 2025:AHC:33315 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8130 of 2025 Applicant :- Ravi Alias Rinku Opposite Party :- State of U.P. Counsel for Applicant :- Gyanendra Kumar Awasthi,Jyotish Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Jyotish Kumar Awasthi, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.19 of 2024, under Section 304 IPC, Police Station Usrahar, District Etawah during pendency of the trial. 3. FIR of the present case was lodged on 01.2.2024 against the applicant and according to the FIR, when informant was in his shop then wife of his brother informed him that on 1.2.2024 at about 4.00 PM some dispute arose between his wife and his younger brother and during dispute his younger brother, i.e., applicant tried to make assault upon his wife through axe and during snatching his wife sustained serious injuries and when she was taken to the Hospital then Doctor declared her dead. 4. Learned counsel for the applicant submits that applicant is the real brother of the informant and deceased was his 'Bhabhi' and admittedly informant was not an eye witness. 5. It is further submitted that from the record it reflects that Smt. Pooja wife of another brother of the informant, however, claimed herself to be an eye witness but she also repeated the version of the FIR that during snatching of axe accidentally deceased sustained injuries and died and, therefore, present case does not travel beyond Section 304 (II) IPC and from the record it could not be reflected that applicant was having any intention to cause death of his 'bhabhi'. 6. He further submits that however earlier also applicant has been made accused in another case but that case relates to minor offence. 7. He further submits that applicant is in jail in the present matter since 2.2.2024, i.e., for the last more than a year. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the 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 injury caused by applicant, deceased, who was his 'bhabhi' died but from the statement of eye witness Pooja it reflects that during snatching of the weapon accidentally she sustained injuries. Considering this fact the argument advanced by the learned counsel for the applicant that applicant was not having any intention to cause death of the deceased and present case does not travel beyond Section 304(II) IPC, cannot be completely brushed aside. 11. Further, however, apart from the present case applicant is having criminal history of one another case but that case relates to minor offence. 12. Further, applicant is in jail in the present matter since 02.2.2024, i.e., for the last more than a year. 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-Ravi @ Rinku 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 :- 7.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad