Neutral Citation No. - 2025:AHC:112007 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6437 of 2025 Applicant :- Dalveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Lalit Kumar Shukla,Prabha Shanker Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Dalveer Singh, seeking enlargement on bail in Case Crime No. 328 of 2024, under Sections 103 (1), 61 (2) BNS, Police Station Jamunapar, District Mathura. The bail application of the applicant in the court below was rejected by the learned Additional Sessions Judge, Court No. 05, Mathura, vide order dated 07.02.2025. 3. The allegation made in the FIR is that marriage of the son of the informant was solemnihzed with named accused Bharti 12-13 years ago. It is alleged that that named accused Bharti was having illicit relation with the applicant due to which the son of the first informant quarreled with Bharti and, thereafter, accused Bharti with the collusion of her lover in the night on 14/15.11.2024, the son of the first informant namely Ashok was murdered by lathi danda and silbatta. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 24.12.2024. He has criminal antecedent of one case, which has been explained in para 30 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant is not named in the FIR. His name has surfaced during course of investigation in majeed byan of first informant and witness Hoshiyar. As per the postmortem examination report, 7 antemortem injuries have been found on the person of deceased and cause of death due to shock and hemorrhage as a result of head injury has been reported. The investigating officer collected the alleged mobile numbers, but no call details implicate the applicant. The applicant neither used the alleged mobile number nor is concerned with the alleged mobile numbers. The applicant neither went to the house of the deceased nor met with the wife of deceased (co-accused Bharti). The allegation against the applicant is only for conversation with the wife of deceased, but the investigating officer has not collected any evidence against the applicant and the alleged entire prosecution story against the applicant is false, fabricated, baseless and concocted. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Dalveer Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. ii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 10.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad