Neutral Citation No. - 2025:AHC:143942 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27875 of 2025 Applicant :- Ajay Savita Opposite Party :- State of U.P. Counsel for Applicant :- Deepankar Shukla,Mukesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Deepankar Shukla, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.72 of 2023, under Sections 328, 304 I.P.C., Police Station- Acchalda, District- Auraiya, during the pendency of trial. 4. As per prosecution story, the applicant and other accused persons are stated to have taken away the deceased person from his house on 20.2.2023 at about 06:30 p.m. and had stated that he would return in a short while. At about 08:30 p.m. when the informant called the deceased person on his phone, the said phone was picked up by the applicant who told that the deceased shall come up in a short while, but he did not return. Later on at about 10:00 p.m., a call came from the hospital stating that her son has expired. 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 about eleven days and there is no explanation of the said delay caused. The applicant has been made an accused out of suspicion only. 6. Learned counsel for the applicant has further stated that the name of the applicant has come up as an afterthought. The truth is that applicant and other co-accused persons alongwith the deceased had gone to attend marriage ceremony and were engaged in dancing on the floor, whereby the deceased fell down on the floor and was found unconscious, as such, he was rushed to the hospital by the applicant and other accused persons. 7. Learned counsel for the applicant has further contended that the said facts stand mentioned in GD No.44 of 20.2.2023 entered at 23:59 hours at the police station. The said fact indicates the bona fide act of applicant and other accused persons to rush the deceased to hospital as his condition was found poor. Had the applicant committed the said offence, he would not have taken the deceased to the hospital. It was natural for a person to pick up the phone of his friend, although the said allegation does not stand proved. 8. It is further argued by learned counsel for the applicant that as per the postmortem report there are four injuries sustained by the deceased person, but the said injuries are minor in nature and later on it was revealed that viscera contains aluminum phosphide chemical in it. 9. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 2.7.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that applicant is named in the FIR and even he had picked up the hone of the deceased. 11. 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 eleven days in institution of FIR and the applicant and other persons having rushed the deceased person to the hospital, 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. 12. Let the applicant- Ajay Savita, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 21.8.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad