Neutral Citation No. - 2025:AHC:74889 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15632 of 2025 Applicant :- Vimal Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Singh,P.K. Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri P.K. Singh, learned counsel for the applicant and Sri Ajeet Madhesia, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 339 of 2024, under Section 103 BNS, Police Station- Rura, District- Kanpur Dehat, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR along with co-accused Rajjan and from the FIR, it reflects, the same has been lodged on the basis of information given of one Kallu S/o Omkar but when the statement of alleged Kallu was recorded during investigation then he stated that on the information give by Danish, he informed the informant. 4. He further submitted that however, witness Danish claimed himself to the eye-witness but even from his statement, it reflects, applicant and deceased were under intoxication and suddenly some dispute arose between both of them and thereafter applicant pushed him in the canal, therefore, even from the statement of witness Danish, it could not be reflected that applicant was having any intention to cause death of the deceased. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 05.10.2024 i.e. for last more than six months. 6. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case applicant is also having criminal history of one another case and he did not explain his criminal history in the instant bail application but he fairly conceded, that case relates to minor offence. However, he could not dispute the other argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant committed the murder of the deceased but from the statement of witness Danish, who was the sole eye-witness, it reflects, at the time of incident applicant and deceased both were under intoxication and both were fighting with each other and during fight, applicant pushed the deceased in the canal, due to which, he died, therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that even from the statement of sole eye-witness Danish, it could not be reflected, applicant was having any intention to cause death of the deceased. 9. Further, however, apart from the present case applicant is having criminal history of one another case and he did not explain his criminal history in the instant bail application but that case relates to minor offence 10. Further, applicant is in jail in the present matter since 05.10.2024 i.e. for last more than six months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Vimal Kashyap 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. 14. 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. 15. 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 :- 8.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad