Neutral Citation No. - 2025:AHC:107160 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20167 of 2025 Applicant :- Vikash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abrar Ahmad Siddiqui,Mohammad Ahmar Malik,Muhammad Akmal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Abrar Ahmad Siddiqui, learned counsel for the applicant, Shri Purshottam Maurya, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Vikash, seeking enlargement on bail in Case Crime No. 11 of 2025, under Section 108 of the Bharatiya Nyaya Sanhita, 2023, Police Station Baburi, District Chandauli. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 27.2.2025. Learned counsel for the applicant submits that as per prosecution case, there is no element of abatement or insisting the deceased has been surfaced on the record against the applicant. As per post mortem report, there is no external injury has been received on the person of the deceased. The cause of death has been shown "asphyxia due to ante mortem drowning" in the post mortem report. Learned counsel for the applicant further submits that as per mobile tower location, the applicant has been shown to be 15 Km., away from the place of occurrence. There is no eye witness of the alleged incident. Only on the hear say evidence, the concocted and frivolous story has been developed and present false FIR has been lodged by the first informant against the applicant. No ingredients of Section 108 of BNS is attracted against the applicant. In the FIR, no earlier enmity has been established by the first informant. 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. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Vikash, 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 :- 8.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad