Neutral Citation No. - 2025:AHC:16694 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 872 of 2024 Applicant :- Vijay Bahadur Singh Opposite Party :- State of U.P. Counsel for Applicant :- Indresh Kumar Singh,Mohit Behari Mathur,Saurabh Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mohit Behari Mathur, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.150 of 2023, under Section 304 IPC, Police Station Shaktinagar, District Sonbhadra, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 19.10.2023 against applicant under Section 302 IPC and according to the FIR applicant and Mahesh Chandra were on duty and on 18.10.2023 some dispute arose between both of them due to their duty and thereafter applicant started beating him due to which he died. 4. Learned counsel for the applicant submits initially FIR of the present case of was lodged under Section 302 IPC but during investigation case was converted under Section 304 IPC. 5. He further submits that however as per allegation applicant during fight with the deceased made assault upon him due to which he died but entire allegation levelled against him is totally false and even from the recort it could not be reflected, applicant was having any intention to cause his death and therefore present case does not travel beyond section 304 part II IPC. 6. He further submitted that in the present matter, applicant is in jail since 29.10.2023 i.e. for last more than a year and till date not even a single prosecution witnesses could be examined. 7. Per contra, learned AGA opposed the prayer for bail could not dispute the 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. However, as per allegation applicant made assault upon the deceased due to which he sustained injuries and died but it reflects that during investigation case was converted under Section 304 IPC and after considering the facts of the case and post morterm report of the deceased the argument advanced by learned counsel for the applicants that applicant was not having any intention to cause the death of the deceased cannot be ruled out at this stage. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 29.10.2023 i.e. for last more than a year and from perusal of the report of the court concerned which was submitted pursuant to the order passed by this court it reflects, till date not even a single prosecution witnesses could be examined. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Vijay Bahadur Singh, 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. 14. 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. 15. 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 :- 5.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad