Neutral Citation No. - 2025:AHC:132433 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21742 of 2025 Applicant :- Dharmendra Sachan Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Mrs. Swati Agrawal Srivastava, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. 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, Dharmendra Sachan, seeking enlargement on bail in Case Crime No. 315 of 2024, under sections 103 (1) of B.N.S. Police Station-Talbehat, District-Lalitpur. 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 18.09.2024. Learned counsel for the applicant submits that a First Information Report was lodged by the first informant Nitin on 18.09.2024, against four named persons, including the applicant without the date and time of incident, with the allegation that the wife of first informant namely Sunita @ Savitri, with her daughter, went to the house of Pappu @ Akhilesh Sachan. From where she went to Pukhraya with the son of Pappu. When the applicant went to the house of Pappu to get information with regard to his wife and daughter then the Pappu and his wife Vidya Devi informed him that your wife and daughter is not at their home and they have gone to the house of the applicant. It is further mentioned that the informant got knowledge about a female dead body in Police Station, he went there and identified the dead body as of his wife. In the post mortem report the cause of death has been shown as ante mortem strangulation. Learned counsel for the applicant submits that the First Information Report was lodged after confessional statement of co-accused Akhilesh @ Pappu, and the name of the applicant has been surfaced in his confessional statement. Learned counsel for the applicant submits that the real fact is that the co-accused namely Akhilesh @ Pappu is best friend of applicant. He borrowed the car of the applicant on 15.09.2024 for few days and when he has been arrested in the present case he has taken the name of the applicant. She further submits that the applicant has no concern with the entire offence and he has been falsely implicated only being owner of the car borrowed by co-accused Akhilesh @ Pappu. The evidence against the applicant is of only last seen with the co-accused and there is no direct evidence against the applicant. Applicant has no criminal antecedents 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant but could not dispute the fact that the applicant has no criminal antecedents. 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, Dharmendra Sachan, 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 :- 6.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad