Neutral Citation No. - 2025:AHC:135059 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22388 of 2025 Applicant :- Mousam Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sunil Kumar Tripathi, learned counsel for the applicant and Shri S.K.Rai, learned AGA-Ist, 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, Mousam, seeking enlargement on bail in Case Crime No. 440 of 2024, under Sections 103 (1), BNS and Section 4/25/27 Arms Act, Police Station-Kankarkheda, District-Meerut. 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 12.07.2024. Learned counsel for the applicant submits that First Information Report was lodged on 09.07.2024 with the allegation that marriage of the sister of the first informant was solemnized with the applicant in the year 2005 and due to their wedlock six children were born. There occurred some dispute between the deceased and applicant with regard to illicit relation of the deceased with some other person and in that suspicion the applicant and other co- accused persons murdered the deceased by giving blow by axe. In the post mortem report the cause of death has been mentioned as craniocerebral damage as a result of ante mortem head injury. Learned counsel for the applicant submits that the version of first information report and statement given by the first informant are self contradictory. He further submits that there is no eye witness of the incident. In the present case charge sheet has been filed on 18.09.2024 only against the applicant. He further submits that the P.W. 1 and P.W. -2 have turned hostile. After arguing at some length learned counsel for the applicant submits that the applicant is languishing in jail since last one year. 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant but could not dispute the fact that prosecution witnesses have turned hostile and 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, Mousam, 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 :- 11.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad