Neutral Citation No. - 2025:AHC:136578 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23348 of 2025 Applicant :- Jivanlal Kol Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Pandey,Pulkit Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Manish Kumar Pandey, learned counsel for the applicant, Shri Arimardan Yadav, 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, Jivanlal Kol, seeking enlargement on bail in Case Crime No. 19 of 2025, under Sections 103 (1) of the Bharatiya Nyaya Sanhita, 2023, Police Station Markundi, District Chitrakoot. 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 19.3.2025. Learned counsel for the applicant submits that initially, FIR has been lodged against applicant and two other co-accused persons with omnibus allegations. But subsequently, first informant had moved an application before the investigating officer claiming that only applicant murdered the deceased. Thereafter, two other named co-accused persons were exonerated from the investigation and charge-sheet against the applicant had been filed before the Trial Court. There is no mention in the entire case diary from where first informant had gathered intimation that applicant had murdered the deceased though first informant was not present on the spot. The witness Ankush in his statement has said that applicant and deceased in an intoxicated condition were quarreling each other, but in the post mortem report, there is no whisper that alcohol was found in the body of deceased. 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 has vehemently opposed the prayer for bail. 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, Jivanlal Kol, 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 :- 12.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad