Neutral Citation No. - 2025:AHC:68784 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12627 of 2025 Applicant :- Hemant Alias Himanshu Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kalpna Upadhyay,P.K. Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sunil Kumar Yadav, Advocate filed his power on behalf of the informant which is taken on record. 2. Heard Sri P.K. Upadhyay, learned counsel for the applicant; Sri Sunil Kumar Yadav, learned counsel for the informant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 87 of 2025, under Sections 105, 118(2), 115(2), 352, 351(1) BNS, Police Station Sirsaganj, District Firozabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however as per allegation after assault, applicant threw the deceased on the transformer, due to which he suffered with electric shock and died but post mortem report suggests that he died due to cardiac arrest and therefore, it cannot be said that applicant was responsible for his death. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 3.3.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Considering the arguments advanced by learned counsel for the applicant and the post mortem report of the deceased, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Hemant Alias Himanshu Yadav, 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. 15. 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. 16. 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 :- 1.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad