Neutral Citation No. - 2025:AHC:132770 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22823 of 2025 Applicant :- Pawan Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rajesh Dwivedi, learned counsel for the applicant, Shri Vijendra Kumar, 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, Pawan Dubey, seeking enlargement on bail in Case Crime No. 334 of 2024, under Sections 302 IPC, Police Station Rasulabad, District Kanpur Dehat. 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 16.12.2024. Learned counsel for the applicant submits that FIR has been lodged after a delay of two months. As per post mortem report, the cause of death is reported to be asphyxia due to ante mortem drowning. In the first information report, the first informant had said that head, mouth, eye of her husband was found to be crushed with some heavy materials, but in the post mortem report only two lacerated wounds i.e., one on the right eye brow and another on the right pinna, were found, thus the prosecution story belie from the post mortem report. So far as recovery of aadhar card of deceased from the possession of applicant is concerned, the same has falsely been planted and there is no independent witness of the alleged recovery. 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, Pawan Dubey, 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 :- 6.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad