Neutral Citation No. - 2025:AHC:87368 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16602 of 2025 Applicant :- Tuntun @ Ambika Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A.,Lal Behari Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Rahul Mishra, learned counsel for the applicant, Sri Lal Behari Yadav, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 279 of 2023, under Sections 302, 325 IPC, Police Station Sarai Lakhansi, District Mau during pendency of the trial. 3. Learned counsel for the applicant submits, initially FIR of the present case was lodged against applicant and four others under Sections 308, 504, 323, 34 IPC but during investigation case was converted under Section 307 IPC and after considering the entire facts of the case in detail, applicant has been released on bail by the concerned Sessions Judge in the present matter on 23.08.2023 for offences under Sections 147, 148, 149, 307, 323, 504, 506 IPC but after sixteen months when one of the injured died due to Septicemia then case was converted under Section 302 IPC and thereafter when applicant applied for bail for offences under Section 302, 325 IPC then his bail was dismissed by the court concerned. 4. He further submits, as after considering the entire facts of the case in detail initially applicant had already been released on bail in the present matter for offence under Section 307 IPC and other offences, therefore, applicant should be released on bail even for offences under Section 302 IPC considering the fact that deceased died after sixteen months due to Septicemia. 5. He further submits, even it is a case in which from the side of applicant also two persons sustained injuries and from his side also a FIR was also lodged against informant side. He further submits, therefore, considering the totality of facts and circumstances of the case, applicant should be enlarged on bail. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the 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. From the record, it reflects, in the present matter applicant has been released on bail by the court concerned on 23.08.2023 for offences under Sections 147, 148, 149, 307, 323, 504, 506 IPC but when after sixteen months one of the injured died then case was converted under Section 302 IPC and when applicant applied for bail under Section 302, 325 IPC then his bail was dismissed by the court concerned. 9. It reflects, after considering the entire facts of the case in detail applicant had already been released on bail by the court concerned for offences under Sections 147, 148, 149, 307, 323, 504, 506 IPC and deceased died after sixteen months due to Septicemia. 10. Further, even in the present incident from the side of applicant also two persons sustained injuries and from his side also a FIR was lodged. 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 - Tuntun @ Ambika 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 :- 22.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad