Neutral Citation No. - 2025:AHC:50350 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11435 of 2025 Applicant :- Khadak Sharki Opposite Party :- State of U.P. Counsel for Applicant :- Deeksha Gupta,Siddharth Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Siddharth Srivastava, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 17 of 2024, under Sections 323, 504, 506, 304 IPC, Police Station Sidhari, District Azamgarh during pendency of the trial. 3. Learned counsel for the applicant submits, as per allegation, applicant gave a blow on the head of the deceased through wooden stick but entire allegation leveled against the applicant is totally false. 4. He further submits, even from the allegation leveled against the applicant, it reflects, he was not having any intention to cause death of the deceased. He further submits, even as per prosecution, at the time of incident applicant was under intoxication. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 22.01.2024 i.e. for last more than a year. 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. However, as per allegation applicant gave a blow of wooden stick on the head of the deceased but even as per prosecution at the time of incident he was under intoxication. 9. Further, considering the material available on record, the argument advanced by learned counsel for the applicant that applicant was not having any intention to cause death of the deceased, cannot be ruled out at this stage. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 22.01.2024 i.e. for last more than a year. 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 - Khadak Sharki 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 :- 8.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad