HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24102 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Ms. Swati Singh, learned counsel for the applicant, Sri Rahul Dwivedi, learned counsel for the informant as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.34 of 2025, under Section 105 B.N.S., Police Station- Baberu, District- Banda, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have erected electric wire on the boundary of agricultural filed, whereby wife of the informant got electrocuted on 21.1.2025 at about 03:00 p.m. 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. The allegations are per se false. The FIR is delayed by about eleven days and there is no explanation of the said delay caused. 6. It is further argued by learned counsel for the applicant that the FIR itself indicates it to be a case of rash and negligent act and to the maximum it may fall within the category of culpable homicide, not amounting to murder. T here is no criminal antecedent of the applicant. The applicant is languishing in jail since 23.3.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Birendra Singh, Swati Singh Counsel for Opposite Party(s) : Amit Kumar Dixit, G.A., Rahul Dwivedi Mohd. Khan @ Babu Khan .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that there was mens rea in the instant case. Although the applicant may not have the intention to commit murder, but he was having knowledge that his action might cause death of any person whatsoever. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay of eleven days in institution of FIR, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Mohd. Khan @ Babu Khan, 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 shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall 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. September 1, 2025 Vikas Verma BAIL No. 24102 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad