Neutral Citation No. - 2025:AHC:85039 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13316 of 2025 Applicant :- Ajay Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Fakharul Islam Jafri,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri N.I. Jafri, learned Senior Counsel assisted by Sri S.I. Jafri, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 9 of 2025, under Sections 105, 352, 351(2) BNS, Police Station Gauribazar, District Deoria, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however as per allegation due to the assault made by applicant deceased died but prima facie, statements of the alleged eye witnesses appear to be doubtful as post mortem suggests that however, deceased sustained two injuries but he did not succumb to these injuries and it reflects his cause of death could not be ascertained and his viscera was preserved. He further submitted that however, till date viscera report of the deceased is not on record but as there is no allegation that applicant administered any poison to the deceased, therefore, even if in the viscera report it will reveal that due to the consumption of some poisonous substance deceased died then also, applicant cannot be held liable for that. 4. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 14.1.2025. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, as per allegation due to the assault made by applicant, deceased sustained injuries and died but from the post mortem report, it reflects, deceased did not die due to the injuries sustained by him and his viscera was preserved and till date viscera report is not on record but as there is no allegation that applicant administered any poisonous substance to the deceased, therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that even if in the viscera report, it will be found that deceased died due to consumption of poison then also applicant can not be held liable for that. 8. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant-Ajay Kumar Singh, 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. 11. 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. 12. 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 :- 20.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad