Neutral Citation No. - 2025:AHC:130284 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22416 of 2025 Applicant :- Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Kumar Dixit,Nagendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Harish Kuamr Tripathi under the authority of Shri Nagendra Kumar Tripathi, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA 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, Bablu, seeking enlargement on bail in Case Crime No. 304 of 2024, under sections 105 of BNS, Police Station-Rajabpur, District-Amroha. 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 17.11.2024. Learned counsel for the applicant submits that First Information Report was lodged on 17.11.2024 for an incident occurred on 03.11.2024 with a delay of 14 days without any plausible explanation, with the allegation that on a telephonic call of the brother in law of the first informant namely Jitendra the applicant returned back to her in laws house and found that her husband namely Kavindra was severely injured. Thereafter she has taken the injured to a private hospital from where he was referred for Amroha and thereafter to Meerut, where he died during treatment. On inquiry about the incident from the neighbors they told that some quarrel between the injured and the applicant took place in which the deceased sustained injuries. In the post mortem report the cause of death of the applicant has been shown as cerebral damage due to ante mortem head injury. Learned counsel for the applicant submits that there is contradiction in the First Information report and statement of the first informant. Learned counsel for the applicant further submits that all the witnesses including the mother of the deceased has said that that deceased and applicant were in drunken condition a quarrel between them taken place and accidentally the deceased fell down and sustained injuries. In the present case charge sheet has already been filed on 12.12.2024. 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 the applicant has no criminal antecedent. 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, Bablu, 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 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad