Neutral Citation No. - 2025:AHC:111695 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19426 of 2025 Applicant :- Kamlesh Opposite Party :- State of U.P. Counsel for Applicant :- Raghvendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Raghvendra Kumar Mishra, learned counsel for the applicant, Shri Puneet Kumar Singh, 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, Kamlesh, seeking enlargement on bail in Case Crime No. 59 of 2024, under Sections 147, 364, 302, 201, 120B IPC, Police Station- Farah, District- Mathura. The bail application of the applicant in the court below was rejected by the learned Sessions Judge, Mathura, vide order dated 15.04.2025 and the applicant is languishing in jail since 03.06.2024. 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 the incident took place on 25.02.2024 and its FIR was lodged on 27.05.2024 without giving any explanation for delay in lodging the FIR. The applicant is not named in the FIR. Name of the applicant has surfaced during course of investigation in the statement of informant. As per the post mortem report only one ante mortem injujry was mentioned as whole body tissues and bones are burn into charcoal and ashes body below both thigh bones absent and the cause of death was hypovolemic shoch due to ante mortem injury. The applicant was not present at the place of alleged incident whereas his presence and attended the engagement ceremony of Dolly. There is no evidence against the applicant to connect with the crime and no case is made out against the applicant. It is submitted that similarly placed co-accused,Rajesh and Awadhesh, have already been enlarged on bail of by coordinate Bench of this Court by order dated 21.10.2024 and 06.05.2025 passed in Criminal Misc. Bail Application Nos. 21295 of 2024 and 6833 of 2025, copy of the bail orders are annexed as Annexure 9. He further submitted that since the role of the applicant is identical to that of co-accused, Rajesh and Awadhesh, who have 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, Kamlesh 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