Neutral Citation No. - 2025:AHC:146192 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26471 of 2025 Applicant :- Ashok Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rahul Yadav, Advocate holding brief of Sri Kamlesh Kumar Yadav, learned counsel for the applicant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.315 of 2024, under Section 105 B.N.S., Police Station- Kasimabad, District- Ghazipur, during the pendency of trial. 4. As per prosecution story, the deceased person had gone with the applicant on 15.12.2024 to do labour work. The informant came to know on 16.12.2024 that the dead body of her husband is lying in the agricultural field of Dharmu Yadav. After the inquest proceedings, the informant was informed by Hirmal Rajbhar that applicant and deceased were having an altercation over the distribution of money they had earned, and as such, the applicant had pushed him and he sustained fatal injuries. 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 FIR is delayed by more than one day and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the FIR was instituted after the postmortem examination of the deceased person as an afterthought. Even the case does not go beyond the purview of culpable homicide not amounting to murder as it is a case of sudden provocation. 7. It is further argued by learned counsel for the applicant that the deceased had sustained three injuries and only one injury is stated to be on vital part of the body i.e. right temporoparietal region of head. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 18.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned A.G.A. has vehemently opposed the bail application. 9. 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 more than one day in institution of FIR and the case is stated to be of sudden provocation, 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. 10. Let the applicant- Ashok Rajbhar, 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. 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad