Neutral Citation No. - 2025:AHC:59306 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1312 of 2025 Applicant :- Bhure Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.,Manan Kumar Choubey Hon'ble Sameer Jain,J. 1. Heard Sri Sanjeev Kumar Gupta, learned Advocate holding brief of Sri Ravi Shankar Tripathi, learned counsel for the applicant, Sri Manan Kumar Choubey, learned counsel for the informant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 352 of 2023, under Sections 304, 504, 506 IPC, Police Station- Ushait, District- Budaun, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 23.09.2023 against applicant and according to FIR, on 23.09.2023 at about 9:30 hours in the morning due to dispute of construction, applicant suddenly gave a blow of wooden stick on the head of the tau of the informant due to which he sustained head injury and fainted. 4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Sections 308, 504, 506 IPC but after 20 days when injured died then case was converted under Section 304 IPC. 5. He further submitted that however, entire allegations levelled against the applicant are totally false but even if allegations are accepted then also it reflects that suddenly due to dispute, applicant gave a blow of wooden stick on the head of the deceased due to which he died, therefore, it cannot be said that applicant was having any intention to cause death of the deceased and present case does not travel beyond Section 304 part II IPC. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 16.11.2023 i.e. for last almost one and half years. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the sole accused and there is specific allegation against him that he gave a blow of wooden stick on the head of the deceased and incident has been witnessed by number of witnesses. 8. They further submitted that deceased remained in coma for 20 days and thereafter he died and, therefore, it cannot be said that applicant is innocent but could not dispute the fact that there is no allegation that applicant repeatedly gave blow of wooden stick and even as per FIR, suddenly he gave a single blow on the head of the deceased. 9. They further could not dispute the fact that applicant is not having any criminal history and he is in jail in the present matter for last almost one and half years. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, due to blow of wooden stick given by applicant on the head of the deceased, he died but even from the FIR, it reflects that due to dispute suddenly applicant gave a blow on the head of the deceased. Considering this fact, the argument advanced by learned counsel for the applicant that applicant was not having any intention to cause death of the deceased and present case does not travel beyond Section 304 part II IPC, cannot be completely ruled out at this stage. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 16.11.2023 i.e. for last almost one and half years. 13. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 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- Bhure 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 :- 21.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad