Neutral Citation No. - 2025:AHC:140278 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23099 of 2025 Applicant :- Keshar Bano Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.,Santosh Kumar Srivastava Hon'ble Ashutosh Srivastava,J. Heard Shri Manvendra Singh, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State, Shri Santosh Kumar Srivastava, 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 seeking enlargement on bail in Case Crime No. 40 of 2025, under Sections 115 (2), 352, 351 (3), 108, 191 (2) of the Bharatiya Nyaya Sanhita, 2023, and Section 66-D of the I. T. Act, Police Station Usrahar, District Etawah. Learned counsel for the applicant argued that the accused- applicant are innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 06.05.2025. Learned counsel for the applicant submits that applicant is not named in the FIR and his name surfaced during the course of investigation. It is not established from the prosecution story that applicant has instigated the deceased to commit suicide. The offence under Section 108 BNS is not attracted against the applicant. The offence under Section 108 BNS would attract against only co-accused Rizwan, who as per prosecution story, used to threaten the deceased by making telephonic call. The case of applicant is distinguishable from co-accused Rizwan. He submits that charge sheet in this case has already been filed before the Trial Court and the applicant is not required for any further interrogation. The applicant has no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. It is further submitted that on the similar footing the co-accused Kallu Alias Salman, Ashok Khan, Golu @ Imran, have been granted bail by the Court vide order dated 14.08.2025 passed in Criminal Misc. Bail Application No. 23847 of 2025 of 2025, therefore, the applicant is also entitled to be released 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. 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-applicants, Keshar Bano, 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants 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 :- 18.8.2025 pks/ravi Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad