Neutral Citation No. - 2025:AHC:54905 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12221 of 2025 Applicant :- Rakesh Alias Kallu Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ravi Sahu, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 194 of 2024, under Sections 103(1), 352 BNS, Police Station Saadh, District Kanpur Nagar, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 19.10.2024 against the applicant and according to the FIR on 18.10.2024 at about 9:00 pm in the night when informant and her husband were having dinner then applicant who was their neighbour under intoxication started abusing them and when her husband resisted then he made assault upon him through heavy stone and due to which husband of the informant sustained injuries. 4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under section 109(1), 352 BNS but after the death of the injured, case was converted under section 103 BNS. 5. He further submitted that however, applicant is sole accused but entire allegation levelled against him is totally false and this fact is even evident from the FIR which was lodged after 22 hours from the date and time of the alleged incident. 6. He further submitted that even from the FIR and the statement of the informant, it reflects that at the time of incident, applicant was under intoxication and it appears incident occurred in anger. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 23.10.2024 i.e. for almost six months. 8. Per contra, learned AGA opposed the prayer for bail and submitted that wife and mother of the deceased are the eye witnesses and they categorically stated that applicant caused sudden injury on the head of the deceased and he is the sole accused but could not dispute the fact that even as per the informant at the time of incident applicant was under intoxication. 9. He further could not dispute the fact that applicant is having no criminal history and in the present matter, he is in jail for last almost six months. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation applicant made assault through heavy stone upon the head of the deceased due to which he sustained injuries and died but record also suggests that as per prosecution, at the time of incident, applicant was under intoxication. 12. Further, applicant is having no criminal history and in the present matter, he is in jail for last almost six months. 13. Further, law is settled that bail application of an accused should not be dismissed for punitive purpose. 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- Rakesh Alias Kallu Sonkar, 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 :- 15.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad