Neutral Citation No. - 2025:AHC:135526 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24917 of 2025 Applicant :- Atul Kumar @ Prince Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Neelam Yadav,Ram Sajiwan Prajapati Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Ram Sajiwan Prajapati, learned counsel for the applicant and Sri Yagvalkya Pandey, learned AGA for the State Respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 373 of 2024, under Sections 109(1), 103(1), 3(5) BNS, Police Station Mariyahu, District Jaunpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, initially FIR of the present case was lodged for the death due to negligence but during investigation, case was converted under Section 103 BNS. He further submitted that actually it is a pure and simple case of accidental death but without any cogent evidence, case was converted under Section 103 BNS. 4. He further submitted that even from the record, it could not be reflected that applicant was the person, who was driving the vehicle, through which, the alleged incident occurred. It is further submitted that on the similar footing the co-accused Suraj Chauhan has been granted bail by the Court vide order dated 12.05.2025 passed in Criminal Misc. Bail Application No.13864 of 2025, therefore, the applicant is also entitled to be released on bail.He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 11.12.2024. 5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. From the record, it reflects that however, as per allegation, applicant and another accused intentionally hit the deceased and one another through their four wheeler but considering the statements of the witnesses recorded during investigation, the argument advanced by learned counsel for the applicant that prima-facie, it appears to be a case of accidental death, cannot be completely ruled out at this stage. 8. Further, applicant is not having any criminal history and he is in jail in the present matter since 11.12.2024. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant Atul Kumar @ Prince Rajbhar, 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. 11. 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. 12. 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 :- 11.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad