Neutral Citation No. - 2025:AHC:89262 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17478 of 2025 Applicant :- Manoj Kumar Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Dubey,Vinay Bhushan Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vinay Bhushan Upadhyay, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned A.G.A. for the State-respondent. 2. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.43 of 2024, under Sections 105, 238 I.P.C., Police Station Hathinala, District Sonbhadra, during pendency of the trial. 3. Learned counsel for the applicant submits that however, technically this is the second bail application filed on behalf of the applicant but his first bail application has been dismissed as withdrawn. 4. He further submits that as far as merit of the present case is concerned applicant was not named in the FIR and during investigation, he has been made accused in the present matter on the basis of information furnished by police informer. 5. He further submits that however, as per allegation, applicant and others caused the death of the deceased but except the bald and verbal allegations, there is no cogent evidence in this regard against the applicant on record. 6. He further submits that even from the post-mortem report, it reflects, however, deceased sustained number of injuries but he did not succumbed to his ante-mortem injuries and his cause of death could not be ascertained and his viscera was preserved and however, till date, viscera report is not on record but as there is neither any allegation nor any evidence that applicant administered any poison to the deceased, therefore, even if in the viscera report it will be found that deceased died due to consumption of poison then also, applicant cannot be held liable for her death. 7. He further submits that however, apart from the present case, applicant is having criminal history of two other cases but both the cases relate to minor offences and his criminal history has been explained in the instant bail application and he is in jail in the present matter since 09.01.2025. 8. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. However, technically this is the second bail application filed on behalf of the applicant but his first bail application has been dismissed as withdrawn. 11. From the record, it reflects, during investigation applicant has been made accused in the present matter through the information furnished by police informer and it appears, except suspicion, there is no other cogent evidence against the applicant on record. 12. Further, post-mortem report suggests, deceased sustained number of injuries but he did not die due to these injuries and his viscera was preserved to ascertain his cause of death and however, till date, viscera report is not on record but considering the fact that there is neither any allegation nor any evidence that applicant administered poison to the deceased, this Court finds merit in the argument advanced by learned counsel for the applicant in this regard. 13. Further, however, apart from the present case, applicant is having criminal history of two other cases but both the cases relate to minor offences and his criminal history has been explained in the instant bail application and he is in jail in the present matter since 09.01.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Manoj Kumar Maurya 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. 17. 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. 18. 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 :- 23.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad