Neutral Citation No. - 2025:AHC:131148 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21786 of 2025 Applicant :- Rahul Joshi Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,Lalit Kumar Srivastava Hon'ble Ashutosh Srivastava,J. Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 206 of 2024, under Sections 361-A, 302, 201, 34, 427 of the Indian Penal Code, Police Station Malpura, District Agra. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered with some delay of which no satisfactory explanation has been submitted. He further submits that the mobile number which has been mentioned in the FIR from which phone call was received by Sushil (deceased) does not belongs to the applicant and in fact the said mobile number belongs of one Devendra. He further submits that the alleged recovery of baseball bat and hockey has not been corroborated by any witness and no forensic report has been received to identify that the blood found on the alleged hockey and baseball bat was of a human being. He further submits that the dead body of Sushil was never recovered till the submission of charge sheet, as far as recovery of bones is concerned, no forensic report has been received to confirm as to whether the said bones were of a human being or that of Sushil (deceased. He further submits that during the course of investigation, the Investigating Officer failed to collect any concrete or credible evidence to connect the applicant in the aforesaid crime. There is no independent witness of the alleged incident. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation and there is no chance for the applicant to tamper with the evidence. The applicant is languishing in jail since 08.06.2024. The applicant has criminal antecedents of three cases which has been explained in the affidavit filed in support of the bail application. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. It is further submitted that on the similar footing the co-accused Raju Chahar @ Rajesh Kumar has been granted bail by this Court vide order dated 12.09.2024 passed in Criminal Misc. Bail Application No. 33002 of 2024, therefore, applicant is also entitled to be released on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised 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, Rahul Joshi, 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 :- 4.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad