Neutral Citation No. - 2025:AHC:49029 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10446 of 2025 Applicant :- Pintu Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Rabindra Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rabindra Bahadur Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 263 of 2024, under Section 105 BNS, Police Station- Jansa, District- Varanasi during pendency of the trial in the court below. 3. FIR of the present case was lodged against applicant with the allegation that he on minor issue made assault upon the husband of the informant due to which, he sustained injuries and died. 4. Learned counsel for the applicant submitted that however, as per allegation, due to assault made by applicant, deceased died but from the post-mortem report, it reflects, deceased did not sustain any external injury and he died due to rupture of liver. He further submitted that from the material available on record, it could not be reflected that applicant was having any intention to cause death of the deceased. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 30.12.2024. 6. 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. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the nature of allegation levelled against the applicant and post-mortem report of the deceased, the argument advanced by learned counsel for the applicant that applicant was not having any intention to cause death of the deceased 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 30.12.2024. 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- Pintu Prajapati 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 :- 5.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad