Neutral Citation No. - 2025:AHC:72988 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13050 of 2025 Applicant :- Anil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Madan Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Madan Kumar Tiwari, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 474 of 2024, under Sections 103(1), 238(A), 3(5) B.N.S., Police Station Tappal, District Aligarh during pendency of the trial. 4. Learned counsel for the applicant submits, applicant was not named in the FIR but during investigation through the statement of co-accused he has been made accused in the present matter along with co-accused Kuldeep and after considering the entire facts of the case co-accused Kuldeep has been released on bail by this Court and his bail order has been annexed at page-13 of the supplementary affidavit filed in support of instant bail application and on facts, case of applicant is at par with him. 5. He further submits, even from the post mortem report it reflects, deceased died due to drowning therefore, prima facie it appears to be a case of accidental death. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail sine 28.09.2024 i.e. for last more than six months. 7. Per contra, learned AGA 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. From the record, it reflects, applicant was not named in the FIR and during investigation he has been made accused in the present matter along with co-accused Kuldeep and co-accused Kuldeep has been released on bail by this Court and on facts case of applicant is at par with him. 10. Further, after considering the fact that deceased died due to drowning, the argument advanced by learned counsel for the applicant that actually deceased died accidentally, cannot be ruled out at this stage. 11. Further, applicant is not having any criminal history and in the present matter he is in jail sine 28.09.2024 i.e. for last more than six months. 12. Therefore, considering the facts and circumstances of the case discussed above, 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 - Anil Kumar 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 :- 6.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad