Neutral Citation No. - 2025:AHC:87633 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16517 of 2025 Applicant :- Pankaj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Yadav,Swati Agrawal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Ms. Swati Agrawal Srivastava, learned counsel for the applicant and Sri Vijay Kumar, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 380 of 2024, under Sections 191(2), 115(2), 123, 103(1) BNS, Police Station- Khutahan, District- Jaunpur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, applicant is named in the FIR along with five others and as per allegation, due to property dispute on 23.12.2024, he along with others made assault upon the deceased and thereafter administered some poisonous substance to him, due to which, he died but entire allegation levelled against the applicant is totally false. 5. She further submitted that there is no eye-witness account and from the post-mortem report, it reflects, cause of death of the deceased could not be ascertained and his viscera was preserved. She further submitted that however, till date viscera report of the deceased is not on record but even if in the viscera report, it will be found that due to consumption of poisonous substance deceased died then also applicant cannot be held responsible as there is no cogent evidence against him that he administered poisonous substance to the deceased except bald and verbal allegation. 6. She further submitted that however, apart from the present case, applicant was having criminal history one another case but in that case, after investigation final report has been submitted and he is in jail in the present matter since 28.12.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the fact that there is no evidence on record, which can suggests that applicant is the person, who administered any poisonous substance to the deceased. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, due to property dispute applicant and others made assault upon the deceased and committed his murder by administering some poisonous substance to him but from the post-mortem report, it reflects, deceased did not sustain any significant antemortem injury and his cause of death could not be ascertained and his viscera was preserved. 10. Further, however, till date, viscera report of the deceased is not on record but there is no cogent evidence on record, which can suggests that applicant is the person, who administered any poisonous substance to the deceased. 11. Further, however, there is video of the deceased on record, in which he was stating that due to the property dispute he is very annoyed and his dead body will be found but even from his video, it could not be reflected, applicant administered any poisonous substance to him and considering this fact, the argument advanced by learned counsel for the applicant that even if in viscera report, it will be found that deceased died due to consumption of poison then also applicant, cannot be held liable for that, cannot be completely ruled out at this stage. 12. Further, however, apart from the present case, applicant was having criminal history one another case but in that case, after investigation, final report has been submitted and he is in jail in the present matter since 28.12.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Pankaj 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. 16. 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. 17. 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 :- 22.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad