Neutral Citation No. - 2025:AHC:139168 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13115 of 2025 Applicant :- Rajas Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- Mohit Kumar Baisla,G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the complainant has filed counter affidavit, which is taken on record. 2. Heard Sri Sumit Goyal, learned counsel for the applicant, Sri Mohit Kumar Baisla, learned counsel for the first informant, Sri Vijendra Kumar Singh, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Rajas, seeking enlargement on bail in Case Crime No. 18 of 2025, under Sections 105, 3 (5) BNS, Police Station GRP, District Saharanpur. 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 03.03.2025. 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 incident took place on 24.02.2025 and its FIR was lodged after two days i.e. on 26.02.2025 without giving any explanation for delay in lodging the FIR. It is a case of sudden provocation. The deceased fell in a railway drainage filled with dirty water, when accidentally touched by co-accused Dev Kalra. It is next submitted that applicant has no role or motive for killing the deceased. As per the post mortem report, the cause of death is ante-mortem drowning. It is submitted that the informant has clearly stated in his the statement that the death is not homicidal but accidental. There is no independent witness of the alleged incident. Nothing has been recovered from the possession of the applicant or his pointing out. Applicant has no motive to commit the alleged offence. Hence, bail has been prayed for. 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, Rajas 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. 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 :- 13.8.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad