Neutral Citation No. - 2025:AHC:127758 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23850 of 2025 Applicant :- Somaru Chero Opposite Party :- State of U.P. Counsel for Applicant :- Rupa,Thakur Prasad Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Thakur Prasad Dubey, learned counsel for the applicant and Shri Bijendra Kumar, learned AGA for the State. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Somaru Chero, seeking enlargement on bail in Case Crime No. 54 of 2022, under Section 306 I.P.C., Police Station- Kon, District-Sonbhadra. 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 07.06.2022. Learned counsel for the applicant submits that First Information Report has been lodged with the allegation that due to harassment made by the applicant the deceased has committed suicide. Learned counsel for the applicant submits that the marriage of the applicant and deceased was solemnized before 12 years. There is no previous complaint of harassment against the applicant. First Information report has been lodged with a delay of 16 days without any plausible explanation. In the post moretem report the cause of death has been shown as Asphyxia due to hanging. He further submits that at the time of incident the applicant was not present at the place of incident as he was in Varanasi. In the present case charge sheet has been filed 07.07.2022. He further submits that the applicant is languishing in jail since last more than three years. 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 opposed the prayer for bail of the applicant but could not dispute the fact that the applicant has no criminal antecedents. 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, Somaru Chero, 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 :- 31.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad