HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10509 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Lalchandra Mishra, learned counsel for the applicant, Shri Kapil Tyagi, learned counsel for the first informant, Sri Manoj Kumar Singh, learned A.G.A. for the State and perused the record of the case. 2. The present bail application under Section 483 BNSS has been filed on behalf of applicant, Babu, with a prayer to release him on bail in Case Crime No. 504 of 2024, under Section 103 (1) BNS, Police Station- Muradnagar, District Ghaziabad. The bail application of the applicant has been rejected by Sessions Judge, Ghaziabad, on 21.10.2024. 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 26.09.2024. He has criminal antecedent of one case, which has been explained in para 2 of the supplementary affidavit filed in support 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. 4. Learned counsel for the applicant submits that the applicant is not named in the FIR. His name has surfaced during course of investigation in the statement of witnesses Jarif and Mahraj. It is submitted that neither the applicant has committed the alleged offence as alleged in the FIR, nor he has concern with the aforesaid Versus Counsel for Applicant(s) : Lal Chandra Mishra Counsel for Opposite Party(s) : G.A., Kapil Tyagi Babu .....Applicant(s) State of U.P. .....Opposite Party(s) case and the applicant was not arrested on the spot. Nothing has been recovered from his possession or on his pointing out. It is next submitted that Javed and Jarif had tried to outrage the modesty of the wife of the applicant on 24.06.2024 and she has moved an application to the Station House Officer of Police Station Muradnagar, District Ghaziabad, but the police has not registered the case against Javed and Jarif and the police has fully supported Javed and Jarif and compelled to her to enter into compromise, but she has refused the same and, thereafter, some unknown persons committed the murder of son of the first informant. As per the post mortem report of the deceased 8 contusions and one ligature mark all around the neck horizontally size 45cm x 1cm is 7cm below right ear, 6cm below chin and 7cm below left ear has been reported and the cause of death shown is Asphyxia as a result of ante-mortem strangulation. It is further submitted that the applicant was not present at the spot, nor he has concern with the aforesaid case. It is next submitted that after completing investigation, the investigating officer has submitted charge sheet against the applicant and co-accused persons and the learned Magistrate has taken cognizance. It is also submitted that the statement of P.W. 1 Jahir, has been recorded before the trial court concerned. No offence is made out against the applicant as alleged in the FIR. The entire prosecution story is false, fabricated and bogus. Hence, bail has been prayed for. 5. 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, Babu 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: BAIL No. 10509 of 2025 2 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. 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. August 20, 2025 v.k.updh. BAIL No. 10509 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad