Neutral Citation No. - 2025:AHC:109159 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22264 of 2025 Applicant :- Vivek Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.,Rajiv Sisodia Hon'ble Ashutosh Srivastava,J. Heard Shri Manoj Kumar Tripathi, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State, Shri Rajiv Sisodia, 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, Vivek, seeking enlargement on bail in Case Crime No. 170 of 2025, under Sections 3 (5), 103 (1), 238 (a) of the Bharatiya Nyaya Sanhita, 2023, Police Station Chandpur, District Bijnor. 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 30.3.2025. Learned counsel for the applicant submits that first information report has been lodged by the first informant (father of the deceased Vivek Kumar) with the allegation that applicant along with two other named accused persons, namely, Abhishek and Anuj took the deceased to the forest and firstly they strangulate and then hanged his son. It has been argued that admittedly as per the FIR version, the deceased used to visit the Study Point Library at Rasoolpur Nangla and had visited on 17.3.2025 and when he did not return back from the Library, a missing report was lodged by the first informant on 18.3.2025. The FIR was subsequently lodged on 30.3.2025 alleging that after perusal of the CCTV footage, the applicant and two other named accused were nominated. The basis of nominating the applicant and other co-accused persons is that applicant used to talk with the sister of the applicant. Thereafter, a conspiracy appears to have been hatched for committing murder of the son of the first informant. It has been argued that the post mortem conducted over the body of the deceased has found no other injuries except the ligature mark 14 cm X 1 cm around the neck just above the thyroid cartilage knot on the right side neck just below right ear. Ligature mark is oblique. The cause of death has been reported to be Asphyxia due to ante mortem hanging. Learned counsel for the applicant submits that an analysis of the CCTV footage also does not implicate the applicant as it is not indicative of the fact that deceased boarded the motorcycle, which falsify the prosecution story. The statement of the owner of the library, namely, Fahim also does not throw any light implicating the applicant for the alleged offence. The applicant and other co-accused persons were arrested on 30.3.2025 on the information given by Mukhbir Khas. Learned counsel for the applicant submits that there is no motive behind the occurrence. Nothing incriminating has been recovered from the possession or pointing out of the applicant. 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. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail by submitting that motive behind the occurrence is very well established from the fact that deceased used to talk with the sister of applicant and having been annoyed from the said act, applicant along with two accused persons have murdered the deceased. 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, Vivek, 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 :- 4.7.2025 Ravi Prakash/Anjali (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad