Neutral Citation No. - 2025:AHC:22707 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30636 of 2024 Applicant :- Pawan Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sunil Kumar Gaur, learned Advocate holding brief of Sri Kuldeep Kumar, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 158 of 2024, under Sections 304, 323, 504, 506 IPC, Police Station- Khanpur, District- Bulandshahr, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 29.05.2024 against applicant and co-accused Mamata and according to FIR, some dispute arose between informant and co-accused Mamata, who was her jethani and when she and her husband resisted then applicant i.e. husband of co-accused Mamata made assault upon the husband of the informant through wooden stick and in order to escape from the blow, he fell down from the tarrace and died. It is further mentioned in the FIR that in the incident, devar of the informant Dharmendra also sustained injury. 4. Learned counsel for the applicant submitted that applicant is jeth of the informant and deceased was his younger brother but on the basis of false allegation, he has been made accused in the present matter. He further submitted that even from the record, it could not be reflected that applicant was having any intention to cause death of his brother. 5. He further submitted that informant and injured Dharmendra both during trial did not support the prosecution case and they have been declared hostile and their statements recorded before the trial court have been annexed along with the supplementary affidavit filed in support of the instant bail application. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 06.06.2024 i.e. for last more than six months. 7. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case, applicant is also having criminal history of two other cases but he fairly conceded that both the cases relate to minor offences. He could not dispute the other argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. As per allegation, when applicant made assault upon his brother through wooden stick then in order to escape from the assault he fell down form the tarrace and died. Considering the allegation levelled against the applicant, the argument advanced by learned counsel for the applicant that applicant was not having any intention to cause death of the deceased, cannot be ruled out at this stage. 10. Further, even informant and injured i.e. another brother of the applicant during trial did not support the prosecution case and both have been declared hostile. 11. Further, however, apart from the present case, applicant is having criminal history of two other cases but both the cases relate to minor offences. 12. Further, in the present matter applicant is in jail since 06.06.2024 i.e. for last more than six months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Pawan 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. 16. 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. 17. 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 :- 17.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad