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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8422 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J.
1. Heard learned counsel for the applicant, Sri Yogendra Pal Singh, learned counsel for the informant, Sri Rajesh Kumar, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Satendra Kumar, seeking enlargement on bail in Case Crime No. 6 of 2025, under Sections 108, 351 (2), 352 BNS, Police Station Parikshitgarh, District Meerut. 3. 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 10.01.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 5. Learned counsel for the applicant submits that the applicant neither the applicant was involved in the present case nor offence is made out against the applicant under the aforesaid Sections. As per the post mortem report no external injury have been found on the body of the deceased except the ligature mark present all around the neck and trachea & hyoid bone found intact and C2, C3 vertebra found fractured and cause of death reported is Asphyxia as a result of ante mortem hanging. Although Routine viscera preserved & 8 vials Versus Counsel for Applicant(s) : Kripa Shanker Mishra, Shailesh Upadhyay, Sudhir Kumar Counsel for Opposite Party(s) : Yogendra Pal Singh, G.A. Satendra Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
sealed, sent to F.S.L. for chemical visceral analysis to rule out any intoxication. The applicant is falsely implicated in the present case only due to greed of property by the informant. Neither the applicant was arrested from the spot nor any any incriminating articles has been recovered from his possession and it is a case of no evidence. It is further submitted that during course of investigation, the investigating officer exonerated the name of other co-accused persons namely Atul, due to minor and Jogendra @ Yogendra, due to being found call detail report from another place, except from the alleged place of incident.
After completing investigation, the investigating officer has submitted charge sheet against the applicant under Section 108 BNS and after filing charge sheet, the Additional Chief Judicial Magistrate, Meerut, without applying its judicial mind has taken cognizance. Hence, bail has been prayed for. 6. Per contra learned A.G.A. has opposed the prayer for bail of the applicant 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, Satendra Kumar 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. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. BAIL No. 8422 of 2025 2
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. September 9, 2025 v.k.updh. BAIL No. 8422 of 2025 3 (Ashutosh Srivastava,J.)
Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad