Neutral Citation No. - 2025:AHC:36756 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1228 of 2025 Applicant :- Bhulli @ Bijendra Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Anuj Kumar Gupta, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 306 of 2024, under Sections 302, 323 IPC, Police Station- Iglas, District- Aligarh, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 31.05.2024 against applicant and according to FIR, applicant was the devar of sister of the informant and in the night of 30/31.05.2024, he committed her murder by causing injury to her through brick. It is further mentioned in the FIR that the information of incident was given by daughter of the deceased. 4. Learned counsel for the applicant submitted that applicant is devar of the deceased and on the basis of false allegation, he has been made accused in the present matter. 5. He further submitted that entire prosecution case is based on the statement of daughter of the deceased, who is hardly 5 years' old and however, in her statement recorded during investigation, she stated that applicant caused injury to her mother i.e. deceased but from her statement, it reflects that applicant was under intoxication. 6. He further submitted that however, from the post-mortem report, it reflects that deceased sustained four injuries and out of four injuries, two injuries were abrasions, one injury was traumatic swelling and another was contusion behind right ear but deceased died due to coma and, therefore, it reflects that even present case does not travel beyond Section 304 IPC. He further submitted that even considering the fact that applicant was under intoxication at the time of incident, no offence is made out against him. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 31.05.2024 i.e. for last more than nine months. 8. 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. 9. I have heard learned counsel for the parties and perused the record of the case. 10. As per allegation, applicant, who was devar of the deceased, caused brick injury to her due to which, she died and incident was witnessed by daughter of the deceased aged about 5 years. However, from the statement of alleged eye-witness, it appears that applicant caused brick injury to the deceased but from her statement, it also reflects that applicant used to consume liquor and at the time of incident, he was under intoxication. 11. Further, from the post-mortem report of the deceased, it reflects that deceased died due to coma and he sustained injury behind his right ear. Considering all these facts, the argument advanced by learned counsel for the applicant that there is no evidence, which can suggests that applicant was having any intention to cause death of the deceased, 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 31.05.2024 i.e. for last more than nine months. 13. Further, 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- Bhulli @ Bijendra 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 :- 12.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad