Neutral Citation No. - 2025:AHC:75149 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11100 of 2025 Applicant :- Bablu @ Devendra Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pankaj Satsangi, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 399 of 2024, under Sections 105, 115(2), 351(2), 352, 118(1) BNS, Police Station- Datagaj, District- Budaun, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR and as per allegation, he along with one another accused made assault through wooden stick due to which father of the informant sustained injury and died but entire allegation levelled against the applicant is totally false. 4. He further submitted that even from the post-mortem report, it reflects, deceased sustained single injury, therefore, it cannot be said that applicant was having any intention to cause death of the deceased. 5. He further submitted that however, apart form the present case, applicant is having criminal history of one another case but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application. 6. He further submitted that applicant is in jail in the present matter since 17.12.2024. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, due to the assault made by applicant and one another father of the informant sustained injury and died but considering the 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. 10. Further, applicant is in jail in the present matter since 17.12.2024. 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- Bablu @ Devendra 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 :- 8.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad