Neutral Citation No. - 2025:AHC:111275 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23808 of 2025 Applicant :- Anuj Kori Alias Anuj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Rakesh Dubey, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Anuj Kori @ Anuj Kumar, seeking enlargement on bail in Case Crime No. 385 of 2024, under Section 103 (1), 61 (2) (a) BNS, Police Station- Chaubeypur, District- Kanpur Nagar. The bail application of the applicant in the court below was rejected by the learned Sessions Judge, Kanpur Dehat, vide order dated 21.05.2025 and the applicant is languishing in jail since 01.10.2024. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. Learned counsel for the applicant submits that the prosecution story based upon suspicion raised by the informant, which is after though and due consultation and concoction. Except confessional statement of the applicant, no material fact was brought on record against the applicant, to establish the guilt of the applicant. As per the post mortem report, the deceased sustained multiple injuries on his body and the cause of death was noted as coma, due to ante mortem head injury. It is submitted that the alleged prosecution version is based upon the confessional statement of the applicant, which having no legs in the eyes of law. Except the confession and recovery of phanti, no material fact was brought on record to corroborate that the applicant is responsible for murder of the deceased and the recovery of phanti is not in consonance with the provision of section 23 of the BSA. It is further submitted that similarly placed co-accused Preeti Verma has already been enlarged on bail of by coordinate Bench of this Court by order dated 10.06.2025 passed in Criminal Misc. Bail Application No. 16199 of 2025, copy of the bail order has been annexed as Annexure-12 of the bail application. He further submitted that since the role of the applicant is identical to that of co-accused, Preeti Verma, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 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. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Anuj Kori @ Anuj Kumar 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8. 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 :- 10.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad