Neutral Citation No. - 2025:AHC:122710 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6358 of 2025 Applicant :- Premchandra Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Bind,Shiv Sharan Tripathi Counsel for Opposite Party :- G.A.,Hemant Sharma Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rajesh Kumar Bind, learned counsel for the applicant and Sri Hemant Sharma, learned counsel for the informant as well as Sri Amit Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 329 of 2024, under Sections 80(2), 85 of BNS and Section 3/4 of D.P. Act, Police Station Kotwali Hathras, District Hathras, during the pendency of trial. 4. 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 as alleged in the FIR. The FIR is delayed by about one day and there is no explanation of the said delay caused. 5. Learned counsel has further stated that there are general and omnibus allegations against all the accused persons. The cause of death could not be ascertained, as such viscera was preserved and it has come up in the viscera report that organophosphorus insecticide was found in it. The applicant is the father-in-law of the deceased person. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 09.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR and there being general and omnibus allegations against all the accused persons, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Premchandra, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 25.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad