Neutral Citation No. - 2025:AHC:26986 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1540 of 2025 Applicant :- Sitaram Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Rai,Pavan Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mangla Prasad Rai, learned Senior Advocate assisted by Sri Pavan Kumar Pandey, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.179 of 2024, under Sections 125(b), 105 and 3(5) BNS and Section 135 Electricity Act, Police Station Chitaipur, District Kashi (Commissionerate Varanasi) during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter along with three others including co-accused Chanda Devi and however, co-accused Chanda Devi was a lady but after considering entire facts in detail she has been released on bail by this Court on merit vide order dated 31.1.2025 passed in Criminal Misc.Bail Application No. 43714 of 2024 and on facts, case of applicant is at par with her. 4. He further submits that even from the record it reflects that deceased died due to electrocution and there is no evidence which can suggest that applicant was having any intention to cause his death. 5. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 2.10.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed co-accused Chanda Devi has already been released on bail by this Court and it appears that deceased died due to electrocution and applicant is not having any previous criminal history and in the present matter he is in jail in since 2.10.2024, 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-Sitaram 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 :- 27.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad