Neutral Citation No. - 2025:AHC:111747 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8973 of 2025 Applicant :- Tekchand Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar,Neetu Singh Counsel for Opposite Party :- G.A.,Vivek Kumar Mishra Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant,Sri Vivek Kumar Mishra, learned counsel for the first informant, Sri Ajit Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant,Tekchand, seeking enlargement on bail in Case Crime No. 0011 of 2025, under Sections 191 (2), 105, 333, 352, 115 (2), 351 (3) BNS, Police Station- Jewar, District- Gautam Budh Nagar. The bail application of the applicant in the court below was rejected by the learned Additional Sessions Judge, Gautam Budh Nagar, vide order dated 05.03.2025 and the applicant is languishing in jail since 16.01.2025. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. Learned counsel for the applicant submits that the allegation made against the applicant are false and baseless with malafide intention. The applicant has been arrested on 16.01.2025. As per the post mortem report no ante mortem injury seen all over the body of the deceased and cause of death is cardiagenic shock. There is no incident as stated in the FIR whereas there is dispute with regard to land and just because of this the applicant has been falsely implicated in the present case. The applicant has died due to Cardiagenic shock and the informant has created it as murder which has been committed by the applicant and other co-accused person only to take revenge to applicant and his family. No specific role has been assigned to the applicant and there is no eyewitness of the alleged incident and all the witnesses are interested one. Nothing has been recovered from the possession of the applicant or his pointing out. It is further submitted that co-accused Narayan has been granted bail by coordinate Bench of this Court, vide order dated07.05.2025 passed in Crl. Misc. Bail Application No. 12267 of 2025, a copy of bail order has been filed in the rejoinder affidavit. 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. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Tekchand 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. 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. 8. 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