Shivam vs State of U.P.

Neutral Citation No. - 2025:AHC:12925

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 314 of 2025

Applicant :- Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Rajnish Kumar Srivastava,Siddharth Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Siddharth Srivastava, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 35 of 2024, under Section 304 IPC, Police Station- Bela, District- Auraiya, during pendency of the trial in the court below.

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FIR of the present case was lodged on 24.02.2024 against applicant under Section 304 IPC and according to FIR, on 23.02.2024, under intoxication applicant started quarreling with the wife of his brother i.e. informant and when his mother and sisters tried to intervene then he suddenly gave a blow of wooden stick on the head of his mother due to which, she died.

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Learned counsel for the applicant submitted that applicant is the son of the deceased and however, as per allegation, he gave a blow of wooden stick on her head, therefore, she died but from perusal of the FIR and statements of the witnesses, it could not be reflected that applicant was having any intention to cause death of his mother and even from the record, it reflects that at the time of incident, he was under intoxication.

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He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 25.02.2024 i.e. for last almost a year.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegation, applicant made assault through wooden sticks upon his mother due to which, she died but it reflects that at the time of incident, applicant was under intoxication and post-mortem report suggests that deceased sustained single injury on her head.

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Further, from the FIR and other material available on record, it could not be reflected that applicant was having intention to cause death of his mother i.e. deceased.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 25.02.2024 i.e. for last almost a year.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Shivam 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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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

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merits of the case during trial.

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Order Date :- 24.1.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Shivam v. State of U.P.

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Shivam v. State of U.P.

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