Neutral Citation No. - 2025:AHC:34532 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8309 of 2025 Applicant :- Somveer Opposite Party :- State of U.P. Counsel for Applicant :- Mukul Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Akhilesh Kumar Mishra Advocate holding brief of Sri Mukul Yadav, learned counsel for the applicant and Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 378 of 2024, under Section 105 BNS, Police Station Rajpura, District Sambhal, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 11.11.2024 against the applicant and his father and according to the FIR on 11.11.2024 at 10 am in the morning some dispute arose between applicant, co- accused and brother of the applicant and during dispute, applicant and his father gave a blow on the head of the husband of the informant through iron rod due to which he sustained injuries and died. 4. Learned counsel for the applicant submitted that applicant is the real brother of the deceased and alongwith him, his father i.e. father of the deceased has also been made accused. 5. He further submitted that however, as per allegation applicant and his father gave a blow on the head of the deceased due to which he died but even from the FIR and the statement of the informant, it reflects that the incident occurred in sudden provocation during dispute. 6. He further submitted that even from the entire material available on record, it can not be said that applicant and his father were having intention to cause death of the deceased. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 13.11.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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 during dispute applicant and his father caused injury to the deceased on his head who was brother of the applicant but considering the fact that during dispute suddenly incident occurred, argument advanced by learned counsel for the applicant that it appears to be a case of sudden provocation cannot be ruled out, at this stage. 11. Further, even from the facts of the case, it could not be reflected that applicant was having any intention to cause death of the deceased who was although his brother. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 13.11.2024. 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-Somveer, 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 :- 10.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad