Neutral Citation No. - 2025:AHC:146998 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18996 of 2025 Applicant :- Sanju @ Sanjay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Pal Singh Jadaun,Seema Singh Jadaun Counsel for Opposite Party :- Anil Kumar,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Jitendra Pal Singh Jadaun, learned counsel for the applicant, Sri Anil Kumar, learned counsel for the first informant, Sri Ajay 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, Sanju @ Sanjay Kumar, with a prayer to release him on bail in Case Crime No. 13 of 2025, under Section 103 (1) BNS, Police Station- Kotwali Sadabad, District- Hathras. The bail application of the applicant has been rejected by Sessions Judge, Hathras, vide order dated 16.05.2025. 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 03.02.2025. 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. 4. Learned counsel for the applicant submits that the incident took place on 03.01.2025 and its FIR was lodged on 05.01.2024 without giving any explanation for delay in lodging the FIR. As per the post-mortem report, the deceased has sustained two abrasions and cause of death of the deceased occurred due to drowning. He further submits that since the deceased was addicted to liquor and intoxicated position he fell down in the canal and the present false FIR has been lodged against the applicant. The postmortem report does not corroborate with the prosecution version. The applicant has no motive or intention to commit the murder of the deceased. There is no eye witness of the alleged incident. Nothing has been recovered from the possession of the applicant or on his pointing out. The applicant has not committed the offence as alleged in the FIR and the entire prosecution story is false, fabricated and doubtful. The applicant has no criminal antecedent to his credit 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. 5. Learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail 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, Sanju @ Sanjay Kumar, 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 :- 8.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad