Neutral Citation No. - 2025:AHC:128143 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21060 of 2025 Applicant :- Kallu Kolaha Alias Pradeep Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Gyanedra Pratap Singh,Ratnesh Mishra Counsel for Opposite Party :- Dhiraj Singh,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Punit 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, Kallu Kolaha Alias Pradeep Mishra, seeking enlargement on bail in Case Crime No. 135 of 2025, under Sections 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Karchhana, District- Prayagraj. 3. As per the prosecution story, on 21.02.2025 at night, the applicant with one other person came on a motorcycle and dropped the dead body of the deceased at his house and ran away. 4. 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 23.04.2025. Learned counsel for the applicant submits that the applicant and the deceased were very close friends. On the date of incident, the applicant was driving a tractor which was being used for soil hauling and transportation and the deceased was also riding in the same tractor. When the tractor (loaded with soil) was climbing towards the road, the deceased fell from the tractor and came under the same and sustained injuries. The applicant, thereafter, took the deceased to Bharadwaj Hospital where he was declared dead by the doctors. He further submits that there is no motive or intention behind the incident as both were in drunken condition and had no previous enmity. The applicant 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. 5. Learned AGA as well as learned counsel for the applicant has vehemently opposed the prayer for bail. 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, Kallu Kolaha Alias Pradeep Mishra, 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. 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 :- 31.7.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad