Neutral Citation No. - 2025:AHC:83301 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14993 of 2025 Applicant :- Indrapal Opposite Party :- State Of U.P. Through Principal Secretary Home U.P.(Lucknow) Counsel for Applicant :- Chetan Prakash,Mashaluddin Shah Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Chetan Prakash, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 453 of 2023, under Sections 147, 148, 324, 302, 307/34 IPC, Police Station Narkhi, District Firozabad during pendency of the trial. 3. Learned counsel for the applicant submits, however, as per allegation applicant intentionally ran over the Tractor upon the deceased due to which he died and in the incident two persons also sustained injuries including one lady police constable but entire allegation leveled against the applicant is totally false. 4. He further submits, actually dispute between the both sides was pending with regard to a field and it appears, only due to dispute applicant has been falsely implicated in the present case. 5. He further submits, even post mortem report completely belies the prosecution case as deceased sustained only four abrasions. He further submits, however deceased sustained one fracture of pelvic bone but it cannot be said that as applicant ran over his Tractor upon the deceased, therefore, he died. He further submits, injury sustained by other injured persons appear to be simple in nature. 6. He further submits, applicant is not having any previous criminal history and in the present matter he is in jail since 07.10.2023 i.e. for last more than one and half years. 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. However, as per allegation applicant was the driver of Tractor and he ran over his Tractor upon the deceased due to which he died but considering the nature of injuries sustained by the deceased, the argument advanced by learned counsel for the applicant in this regard cannot be completely ruled out at this stage. Further, injury sustained by other injured, appears to be simple in nature. 10. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 07.10.2023 i.e. for last more than one and half years. 11. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 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 - Indrapal 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 :- 19.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad