Neutral Citation No. - 2025:AHC:52527 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11679 of 2025 Applicant :- Arvind Alias Arvind Nagar Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Singh (Bohra) Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Alok Kumar Srivastava, learned Advocate, has filed power on behalf of the informant, which is taken on record. 2. Heard Sri Dheeraj Singh Bohra, learned counsel for the applicant, Sri Alok Kumar Srivastava, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I, for the State. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 336 of 2024, under Sections 103(1), 115(2), 117(2) and 74 BNS, Police Station Babugarh, District Hapur, during pendency of the trial. 4. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter along with three others including co-accused Ravi Nagar and after considering entire facts in detail co-accused Ravi Nagar has been released on bail by this Court vide order dated 27.3.2025 passed in Criminal Misc.Bail Application No. 10290 of 2025. 5. He further submits that as far as merit of the case is concerned, however, as per allegation applicant and others made assault upon the deceased but post mortem report suggests that deceased did not succumb to alleged injuries and his death could not be ascertained and his viscera was preserved but there is no allegation that either applicant or any other accused administered poison to them and, therefore, even if in the viscera it is found that deceased died due to consumption of poison then also applicant cannot be held liable. 6. He further submits that however, apart from the present case applicant is also having criminal history of one another case but that case relates to minor offence and in that case applicant is on bail. 7. He further submits that in the present matter applicant is in jail since 16.11.2024. 8. Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail and submitted that at the time of bail of co-accused Ravi Nagar, certain facts could not be placed before this Court. 9. They further submitted that applicant is the nephew of the deceased and he was very well aware that the deceased was having heart issue and, therefore, if due to the assault made by applicant and others deceased even died due to heart attack then also it cannot be said that applicant is innocent. 10. They however could not dispute the fact that deceased was also suffering with chronic kidney disease and as far as role of assault is concerned, case of applicant is exactly at par with co-accused Ravi Nagar, who has been released on bail by this Court. 11. I have heard learned counsel for the parties and perused the record of the case. 12. Considering the facts of the case, this Court finds merit in the argument advanced by the learned counsel for the applicant that prima facie there is no evidence on record which can suggest that due to alleged assault made by applicant and others including co- accused Ravi Nagar deceased died. 13. Further, co-accused Ravi Nagar has already been released on bail by this Court and the case of applicant is at par with him. 14. Further, however, apart from the present case applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application and that case relates to minor offence. 15. Further, applicant is in jail in the present matter since 16.11.2024. 16. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Arvind @ Arvind Nagar, 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. 19. 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. 20. 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 :- 10.4.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad