Neutral Citation No. - 2025:AHC:36589 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1194 of 2025 Applicant :- Rajeev Alias Ramu Opposite Party :- State of U.P. Counsel for Applicant :- Tarun Jha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Tarun Jha, learned counsel for the applicant and Sri Jhamman Ram, 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. 80 of 2023 (S.T. No. 323 of 2023), under Sections 304, 323, 504 IPC, Police Station Rampura, District Jalaun during pendency of the trial. 3. FIR of the present case was lodged against applicant under Sections 323, 504, 506 IPC and according to the FIR applicant suddenly gave a blow of wooden stick on the head of the brother of the informant due to which he sustained injuries. 4. Learned counsel for the applicant submits, initially FIR of the present case was lodged under Sections 323, 504, 506 IPC but after the death of the deceased case was converted under Section 304 IPC. 5. He further submits, admittedly informant of the case is not an eye witness and however during investigation Investigating Officer recorded the statement of eye witnesses Ram Prakash and Munna Babu but from their statements it reflects, during quarrel when deceased tried to intervene then suddenly applicant gave a blow on his head through wooden stick due to which he died, therefore, even from the statements of eye witnesses it reflects, incident occurred in sudden provocation. 6. He further submits, even if the allegations are accepted then also it cannot be said that applicant was having any intention to cause death of the deceased considering the fact that deceased sustained only one injury on his head. He further submits, present case does not travel beyond Section 304(II) IPC. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 05.07.2023 i.e. for last more than one and half years. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant caused head injury to the deceased due to which he died but considering the statements of eye witnesses and post mortem report of the deceased, the argument advanced by learned counsel for the applicant that it appears to be a case of sudden provocation and applicant was not having any intention to cause death of the deceased, cannot be ruled out. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 05.07.2023 i.e. for last more than one and half years. 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 - Rajeev @ Ramu 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 :- 12.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad