Neutral Citation No. - 2025:AHC:130144 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22435 of 2025 Applicant :- Balveer Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Harish Chandra Mishra, learned counsel for the applicant, Shri Satendra Mishra, learned counsel for the first informant and Shri S.K.Rai, learned A.G.A. Ist, for the State and perused the record. The present bail application has been filed by the applicant Balveer with a prayer to enlarge him on bail in Case Crime No.06 of 2025, under Sections 103 (1), 238 (B), 61 (2) (a) of B.N.S., Police Station-Sardhua, District-Chitrakoot. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case and is languishing in jail since 31.01.2025. Learned counsel for the applicant submits that First Information Report was lodged against four named persons with the allegation that all the accused persons called the husband of the first informant Rakesh to chop the wood. When the son of the first informant namely Himanshu took the food for his father in the grove at 1.00 noon then no one was present there except Jugraj who told Himanshu that Rajkumar, Balveer, Devdutt and Amritlal has taken his father for treatment to Rajapur. Thereafter Himanshu returned back and thereafter, went to the Hospital at Rajapur with family members, but it has been informed by the staff of the hospital that no patient in the name of Rakesh has come to the hospital for treatment. Thereafter Himanshu and other family members went to the home of Jugraj who told that after treatment his father was made to sit in an auto for home. In the morning of 03.01.2025, the dead body of the deceased was lying kept in the canal near Siya Singh Inter College Copa having injuries over the head and left eye. It has been further mentioned that the applicant and other persons have murdered the deceased. In the post mortem report, the cause of death has been shown as shock and Hemorrhage due to antemortem injuries. The independent witnesses namely Ramesh Kumar, Vijay Pal and Nokhe Lal have stated about last seen evidence. One witness namely Beliya in her statement has said that on the date of incident she has seen a motor cycle driven by Rajkumar in the middle one person was sitting whose legs were dragging and thereafter Jugraj was sitting and when they returned after two minutes then on the motor cycle only Rajkumar and Jugraj were there. Learned counsel for the applicant submits that the eye witness Beliya has not taken the name of the applicant. Learned counsel for the applicant further submits that none of the witnesses have seen the incident. The applicant has no criminal antecedents 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. Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant- Balveer, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 :- 4.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad