Neutral Citation No. - 2025:AHC:113456 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20166 of 2025 Applicant :- Bablu Pahalwan Ahariya Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Vijay Bahadur, learned counsel for the applicant and Shri S.K.Rai, learned A.G.A. Ist, for the State. The instant bail application has been filed seeking release of the applicant-Bablu Pahalwan Ahariya, on bail in Case Crime No. 456 of 2022, under Sections 506, 115, 302, 120-B and 386 I.P.C., Police Station-Khair, District-Aligarh, during pendency of the trial. Learned counsel for the applicant submits the brief facts of the case are that on 13.04.2018, one Sheetal Gangal has lodged a first information report under Section 302 IPC against two unknown persons, alleging that on 12.04.2018, two unknown persons have committed murder of his father Vijay Kumar Gangal. After investigation, charge-sheet was submitted against Manish @ Kishan and Abhishek. Thereafter, the informant of this case, namely, Pramod Gaur has lodged first information report of this case on 27.08.2022, under Section 506 IPC, alleging that he has made complaints against co-accused Sanjeev Kumar Agrawal @ Bintoo, the then Chairman, 'Nagar Palika Parishad', Khair, regarding illegal change of land use and regarding other matters pertaining to public land. Due to these complaints, applicant/accused along with co-accused Sanjeev Kumar Agrwal @ Bintoo hatched a conspiracy for murder of informant and a gang was hired for that purpose. It was alleged that on 12.04.2018 some miscreants have come to commit murder of informant, but mistakenly they have committed murder of Vijay Kumar Gangal. This FIR was registered on 27.08.2022 under Section 506 IPC. After investigation, police have submitted charge-sheet against applicant for offence under Section 115 read with Section 302/120- B/386 IPC. Larned counsel for the applicant submits that the applicant/accused is innocent and he has not committed any offence. The applicant/accused was not named in the earlier first information report, which was registered on 13.04.2018, regarding murder of Vijay Kumar Gangal. The allegation that in that incident the miscreants have come to commit murder of informant and that murder of said Vijay Kumar was committed by mistake, is baseless and thoroughly unreliable. Referring to facts of the matter, it was submitted that there is no evidence that applicant has abetted the co-accused persons to commit murder of the informant. The first information report of this case was registered under Section 506 IPC and that the submission of charge-sheet submitted under Section 115 read with 302/120-B/386/506 IPC, is thoroughly misconceived and without any evidence. No case under Section 115 read with Section 302/120-B/386/506 IPC is made out against the applicant. Learned counsel further submitted that if applicant/accused was having any complicity in the incident, which took place on 12.04.2018, wherein said Vijay Kumar Gangal was murdered, the proper course was to invoke the provisions of Section 319 Cr.P.C. in the trial of that matter. The submission of instant charge-sheet regarding that incident dated 12.04.2018 is against the provisions of law. Only general and vague allegations have been levelled that applicant and co-accused persons have hatched a conspiracy for murder of informant and that absolutely no case of abetment, as prescribed under Section 115 IPC, is made out against the applicant. There is absolutely no material or even allegations to make out a case of abetment against the applicant. It has been further submitted that the criminal history of four cases has been explained in the supplementary affidavit. He further submits that co-accused Sanjeev Kumar Agrawal @ Bintoo, Vikas Sharma @ Bobby, Raj Kumar Jaat and Rahul Sharma @ Sonu, have been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 48730 of 2022, 20782 of 2023, 26466 of 2023 and 27557 of 2023, vide orders dated 01.05.2023, 26.07.2023, 26.07.2023 and 01.07.2024. Lastly, it is submitted that the applicant is languishing in jail since 13.02.2025, and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. Considering all those 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. Accordingly, the bail application is allowed. Let the accused-applicant, Bablu Pahalwan Ahariya, 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: 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 :- 15.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad