Neutral Citation No. - 2025:AHC:59379 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1227 of 2025 Applicant :- Sanjay Das Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar,Vivek Singh Counsel for Opposite Party :- G.A.,Ram Kumar Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Sunil Kumar, learned counsel for the applicant, Sri Ram Kumar Yadav, 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. 234 of 2024, under Sections 85, 115(2), 105 BNS and Section 3/4 D.P. Act Police Station- Hastinapur, District- Meerut, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 12.10.2024 against applicant and his parents and according to FIR, marriage of applicant was solemnized with the informant in the year 2021 but after marriage, he used to torture her and raised suspicion on her character and on 11.10.2024 at about 9:00 a.m. in the morning a dispute in this regard arose between husband and wife and during dispute, applicant pushed the informant and thereafter threw her infant child due to which, he died. 4. Learned counsel for the applicant submitted that however, applicant is the father of the deceased but on the basis of false allegation, he has been made accused in the present matter. 5. He further submitted that as per allegation, applicant threw his infant son due to which he died but post-mortem report suggests that deceased did not sustain any external injury and as per autopsy surgeon, he died due to liver injury and this fact clearly suggests that FIR is based on false facts. 6. He further submitted that actually relationship of the applicant and informant was not cordial one and on the date of incident, some matrimonial dispute arose between husband and wife and during dispute, it appears, infant child, who was in the lap of the informant, sustained some liver injury and died and after his death only due to matrimonial dispute, informant i.e. his wife lodged the FIR against him. 7. He further submitted that even present case does not travel beyond Section 105 part II BNS. 8. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 14.10.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is father of the deceased and there is specific allegation against him that he threw his infant son due to which he died but could not dispute the fact that postmortem report suggests that deceased did not sustain any external injury and he died due to injury of liver. 10. They further could not dispute the fact that applicant is not having any criminal history and in the present matter, he is in jail for last more than six months. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, applicant is father of the deceased and as per allegation, he caused death of his infant son by throwing him during dispute with his wife but from the postmortem report, it reflects, deceased did not sustain any external injury and he died due to liver injury. Considering this fact, the argument advanced by learned counsel for the applicant cannot be completely ruled out at this stage, especially considering the fact that dispute pending between husband and wife is admitted by the informant in the FIR itself. 13. Further, considering the nature of allegation and injury sustained by deceased, the argument advanced by learned counsel for the applicant that present case does not travel beyond Section 105 part II BNS also cannot be completely ruled out at this stage. 14. Further, applicant is not having any criminal history and he is in jail in the present matter since 14.10.2024 i.e. for last more than six months. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Sanjay Das 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. 18. 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. 19. 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