Neutral Citation No. - 2025:AHC:111319 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15070 of 2025 Applicant :- Narendra Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Pankaj Dwivedi, learned counsel for the applicant, Sri S.K. Rai, 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, Narendra, seeking enlargement on bail in Case Crime No. 49 of 2024, under Sections 302, 201 IPC, Police Station- Fatehpur, District- Agra. The bail application of the applicant in the court below was rejected by the learned Sessions Judge, Agra, vide order dated 07.04.2025 and the applicant is languishing in jail since 17.04.2025. 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 as per the FIR, the marriage of daughter of informant, namely, Jumatan @ Munni was married with the brother of the applicant namely Ashiq @ Umendra @ Kumendra about three years ago and from their wedlock a son namely Tanveer was born, who were killed by his son-in-law, Ashiq @ Umendra and his body was thrown in canal. As per the post mortem report of deceased Tanveer, the Medical Officer opined that the cause of death due to Asphyxia as a result of ante-mortem drowning. From perusal of FIR as well as statement of witnesses no offence under Sections 302, 201 IPC is made out against the applicant. Applicant is not named in the FIR and there is no allegation for committing murder of the deceased. The name of the applicant has surfaced during investigation in the statement of complainant. The applicant has been implicated in the present case due to reason that he has brother of co-accused Ashiq @ Umendra @ Kumendra and on the day of incident he was telephonic talk with the co-accused Jeetu @ Jitendra. It is further submitted that similarly placed co-accused Jeetu @ Jetay @ Jitendra has already been enlarged on bail of by coordinate Bench of this Court by order dated 17.06.2025 passed in Criminal Misc. Bail Application No. 19358 of 2025, copy of the bail order has been produced before the Court, which is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Jeetu @ Jetay @ Jitendra, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 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, Narendra 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