Neutral Citation No. - 2025:AHC:128285 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22906 of 2025 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Rajat Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rajat Kumar Shukla, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant Akash with a prayer to enlarge him on bail in Case Crime No.426 of 2024, under Sections-191 (2), 115 (2), 105 B.N.S. Police Station- Govardhan, District-Mathura, during pendency of trial. Learned counsel for the applicant submits that the applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 21.10.2024. He further submits that the first information report was lodged by the informant against the applicant and four other persons with the allegation that all the named accused persons have severely beaten the deceased Vinod by Lathi Danda. Thereafter the first informant and other persons have taken the injured to Neuro Hospital and after first aid bring the injured home. Thereafter the inured was taken to Chauhan Hospital, where he was declared dead. He further submits that in the post mortem report the cause of death has been mentioned as shock due to ante mortem injuries. He further submits that only general role has been assigned to all the accused persons including the applicant. None of the witnesses has assigned specific role to the applicant. Recovery of Danda shown from the possession of the applicant is planted one. There is no eye witness of the alleged incident. Co-accused namely Rajesh has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 41927 of 2024 vide order dated 29.11.2024. Applicant has no criminal antecedents 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 vehemently opposed the bail prayer of the applicant but could not dispute the fact that the applicant has no criminal antecedents. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Akash, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of 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 :- 31.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad