Neutral Citation No. - 2025:AHC:141020 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23137 of 2025 Applicant :- Saurabh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Pandey,Suraj Pandey Counsel for Opposite Party :- G.A.,M.P.S. Chauhan Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Ravi Pandey, learned counsel for the applicant, Shri M.P.S. Chauhan, learned counsel for the first informant and Shri Purshottam Maurya, learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant Saurabh Kumar with a prayer to enlarge him on bail in Case Crime No.191 of 2025, under Sections 103 (1) B.N.S., Police Station-Tappal, District-Aligarh, during pendency of trial. Learned counsel for the applicant submits that the applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 06.05.2025. He further submits that First information report was lodged by the informant against three persons including the applicant with the allegation that on the date of incident i.e. 12.04.2025 the son of the first informant namely Chandrapal @ Sanni went to his agricultural field along with the named accused persons and in the next day morning the dead body of his son was found in the agricultural field. It has been further contained that all the accused persons have murdered the son of the first informant. Learned counsel for the applicant further submits that in the post mortem report a solitary Ante Mortem Injury of Stab Wound back to neck just below hairline has been shown and the cause of death has been shown as Coma and Hemorrhagic Shock due to Antemortem Injuries. He further submits that the injury sustained by the injured will be caused by knife. Learned counsel for the applicant submits that one of the co- accused Lokesh has been arrested on 14.04.2025 and on his pointing out one knife has been recovered. Nothing has been recovered from the possession or on the pointing out of the applicant. Learned counsel for the applicant submits that the real fact is that few months ago some dispute has been occurred between the deceased and the co-accused Lokesh in which the applicant supported the co-accused Lokesh and due to which the applicant has been falsely implicated in the present case. Criminal history of four cases has been explained in paragraph no. 2 of the supplementary affidavit filed today 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 counsel for the first infomrant as well as learned A.G.A. have opposed the bail prayer of the applicant. 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-Saurabh Kumar, 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 :- 19.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad