Neutral Citation No. - 2025:AHC:73818 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15268 of 2025 Applicant :- Kallu Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Singh,Yogendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Akhilesh Singh, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 345 of 2024, under Section 103(1) of BNS, Police Station - Rampur Karkhana, District - Deoria, during the pendency of trial. 4. As per prosecution story, the brother of the informant Harendra Nishad (now deceased) is stated to have raised hue and cry at the gate of the applicant and, as such, peeved by the said act of the deceased person, the applicant is stated to have hit him with a brick on his head causing his death on 05.12.2024 at about 08:00 PM. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by more than six hours and there is no explanation of the said delay caused. It is a case of sudden provocation, as such, does not fall within the purview of murder rather to the maximum, it may come within the purview of culpable homicide not amounting to murder. 6. Learned counsel has also stated that the act of the applicant is stated to have been committed in sudden rage. There is no criminal history of the applicant. The applicant is languishing in jail since 07.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the fact that it is a case of sudden provocation as is evident from the contents of the FIR, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Kallu Nishad, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 7.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad