Neutral Citation No. - 2025:AHC:37880 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8912 of 2025 Applicant :- Manish Kumar Alias Nishu Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Avinash Pandey, learned counsel for the applicant and Sri Imran Khan, learned AGA, 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.74 of 2023, under Section 302 IPC, Police Station Mirzapur, District Saharanpur during pendency of the trial. 3. FIR of the present case was lodged on 8.6.2023 against the applicant by his 'bhabhi' and according to the FIR, on 8.6.2023 at about 8.20 PM in the late evening under intoxication applicant made assault upon his father on trivial issue through brick on his head and due to assault made by him his father died. 4. Learned counsel for the applicant submits that unfortunately applicant is the son of the deceased but even as per prosecution at the time of incident he was under intoxication, therefore, it cannot be said that he was having any intention to commit murder of his father. 5. He further submits that post mortem report also suggests that deceased sustained one injury on his head. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 9.6.2023, i.e., for the last more than one and half years. 7. Per contra, learned AGA opposed the prayer for bail and submits that applicant is the son of the deceased and he caused brick injury on his head due to which he died and incident has been witnessed by his 'bhabhi', who was the informant of the case but he could not dispute the fact that even as per the informant, at the time of incident applicant was under intoxication and deceased sustained only one injury on his head. 8. Learned AGA further could not dispute the fact that applicant is not having any previous criminal history and in the present matter he is in jail since June, 2023, i.e., for the last more than one and half years. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant caused brick injury on the head of his father due to which he died but from the record it reflects that at the time of incident he was under intoxication. 11. Further, from the perusal of the post mortem report of the deceased it reflects that he sustained single injury on his head and considering all these facts the argument advanced by the learned counsel for the applicant that even from the facts of the case it could not be reflected that applicant was having any intention to cause death of his father cannot be ruled out at this stage. 12. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 9.6.2023, i.e., for the last more than one and half years. 13. Further, law is settled that bail application should not be dismissed either for punitive or preventive purposes. 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-Manish Kumar @ Nishu 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 :- 18.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad