Neutral Citation No. - 2025:AHC:146244 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27311 of 2025 Applicant :- Omveer Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.,Pankaj Kumar Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant and Sri Pankaj Kumar, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 42 of 2025, under Section 105 of BNS, Police Station - Islamnagar, District - Budaun, during the pendency of trial. 4. As per prosecution story, on 24.02.2025, the informant was returning on his tractor trolley after unloading potatoes at the mill. He is stated to have damaged the fencing of the applicant's agricultural field. In response, the applicant went to his field and started removing the fencing of the informant's field. This led to an altercation between the applicant and the informant's father. During the altercation, the applicant pushed the informant's father, causing him to fall, sustained injuries and went unconscious. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by more than two and a half hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the injuries were minor in nature. Even in the inquest report, no injury was observed on the cranium of the deceased person. Only one injury was observed on the abdomen of the deceased person but the postmortem report indicates four injuries in all, as such, as an improvement, it has been stated that the applicant has caused several injuries before pushing him. There are contradictory statements given by the witnesses. The case does not go beyond the purview of culpable homicide. 7. Learned counsel has next contended that the case is of sudden provocation. Two witnesses have been roped in later on, namely, Tejpal and Arvesh before whom, the applicant is stated to have confessed about the said incident. The said statement does not fall within the category of Section 22 of B.S.A. The applicant is languishing in jail since 21.05.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the fact that there are contradictory statements of the witnesses coupled by the fact that the story has been improved, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Omveer, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. Order Date:- 23.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad