Neutral Citation No. - 2025:AHC:137837 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21884 of 2025 Applicant :- Satyapal Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- Balram Mishra,G.A. Hon'ble Ashutosh Srivastava,J. Heard Mrs. Swati Agrawal Srivastava, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State, Shri Balram Mishra, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Satyapal, seeking enlargement on bail in Sessions Trial No. 484 of 2023, Case Crime No. 741 of 2022, under Sections 323, 504, 506, 354B, 452, 147, 302 IPC, Police Station Dhanghata, District Sant Kabir Nagar. 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 14.3.2023. Learned counsel for the applicant submits that incident in question has taken place on 9.12.2022 and deceased expired on 27.2.2023, after more than 2 months and 13 days. As per post mortem report, cause of death has been shown to be septicemia. Learned counsel for the applicant submits that as per statement of doctor annexed at Page 17 of the supplementary affidavit, deceased was suffering from blood infection and pneumonia. It is also argued that since the deceased has died on account of septicemia, no offence under Section 302 IPC can be said to be made out against the applicant and at most the case would fall under Section 304-I IPC. Reliance has been placed on the decision of the Apex Court in the case of Khokan @ Khokhan Vishwas versus State of Chattisgarh (Crl. Appeal No. 121 of 2021) decided on 11.2.2021 and on the case of Sanjay versus State of U.P. reported in 2016 (3) SCC 62. Learned counsel for the applicant further submits that first informant in her statement recorded before the Trial Court as PW1 has levelled omnibus allegations against applicant and co-accused Janardan and Vishwajit. She has not levelled specific allegation against the applicant. Learned counsel for the applicant submits that co-accused Suresh and Shashikant have already been enlarged on bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos. 48151 of 2023 and 46251 of 2024 on 18.11.2024 & 3.4.2025, respectively. Learned counsel for the applicant submits that sufficient time has been elapsed, but till date only one prosecution witness has been examined by the Trial Court. The guilt of the applicant is yet to be adjudged and conclusion of trial may take considerable time. No useful purpose would be served to keep the applicant behind the bar. 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 as well as learned counsel for the first informant have vehemently opposed the prayer for bail, but unable to refute the submissions made by learned counsel for the applicant. Considering the fact that PW1 in her statement has levelled the omnibus allegations against all the accused persons, death of deceased occurred after 2 months and 13 days due to septicemia, law laid down by Hon'ble Supreme Court of India in case of Khokan @ Khokhan Vishwas (supra) and Sanjay (supra), 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, Satyapal, 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 :- 13.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad