Neutral Citation No. - 2025:AHC:50777 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9499 of 2025 Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Hitesh Pachori, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0404 of 2024, under Section 105 BNS, Police Station- Etmadpur, District- Agra, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that as per allegation, under intoxication dispute of applicant arose with his brother and during dispute, he suddenly gave a blow of brick on his head due to which he died and however, entire allegations levelled against the applicant are totally false but even from the record, it reflects, at the time of incident applicant was under intoxication and during fight incident occurred and, therefore, it cannot said that, applicant was having any intention to cause death of his brother. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 29.11.2024. 5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, as per allegation, applicant caused brick injury on the head of his brother due to which, he died but admittedly at the time of incident, applicant and deceased both were under intoxication. 8. Record also suggests that as per allegation during fight suddenly applicant caused brick injury on the head of the deceased and considering this fact, the argument advanced by learned counsel for the applicant cannot be completely ruled out at this stage. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 29.11.2024. 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- Raj Kumar 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 :- 8.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad