HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23601 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri I.K. Chaturvedi, learned Senior Counsel assisted by Shri Saurabh Chaturvedi, learned counsel for the applicant, Shri Syed Irfan Ali, learned counsel for the first informant and Shri Rajesh Kumar Singh, learned AGA for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Manoj Singh, seeking enlargement on bail in Case Crime No. 116 of 2025, under Section 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Koraon, District- Prayagraj. As per prosecution case, First Information Report has been lodged with the allegation that on 02.05.2025 at about 08:00 PM, brother of the informant, namely, Anant Jeet (since deceased) was coming from Mahuli Bazar and when he reached near Kurbiyan Toli, the applicant along with 2-3 unnamed persons started beating with fists and kicks and left him half dead. When, injured was being taken to hospital for medical treatment, in the way he expired. 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 04.05.2025. Learned counsel for the applicant submits that the deceased was riding a motorcycle and due to accident, he fell down and sustained injury, but due to old enmity between the parties, the Versus Counsel for Applicant(s) : Arvind Singh, Saurabh Chaturvedi, Sr. Advocate Counsel for Opposite Party(s) : G.A., Syed Irfan Ali Manoj Singh .....Applicant(s) State of U.P. .....Opposite Party(s) applicant has been implicated in this case. He next submits that there is no independent eye witness of the alleged incident as no one was present on the place of incident. As per the post-mortem report, cause of death is head injury which does not corroborate with the allegations as made in the FIR. It is next submitted that the witnesses in their statements have not assigned any specific role of causing injury to the applicant. Omnibus allegations have been levelled in the FIR. Learned counsel for the applicant draws the attention of the Court towards the statement of the father of the deceased, wherein it is stated that his son (since deceased) was brought home at about 10:00 PM and he took him to the hospital at 04:00 AM (on the next day) which creates doubt on the part of the prosecution version. 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. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail by submitting that applicant has sustained injury on the person of deceased, resulting in death. 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, Manoj Singh, 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. BAIL No. 23601 of 2025 2 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. September 16, 2025 Ravi Prakash BAIL No. 23601 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad