Neutral Citation No. - 2025:AHC:110920 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23778 of 2025 Applicant :- Angad Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Maurya,Vimal Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Manish Nath Tripathi, learned counsel for the first informant, 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, Angad Kushwaha, seeking enlargement on bail in Case Crime No. 39 of 2024, under Section 302 IPC, Police Station- Salempur, District- Deoria. The bail application of the applicant in the court below was rejected by the learned Additional District & Sessions Judge, Court No. 3, Deoria, vide order dated 02.06.2025 and the applicant is languishing in jail since 07.5.2025. 3. The allegation made in the FIR is that on 25.01.2024 at 4:30 p.m., the nephew Nitesh Kumar Singh went with applicant along with other co-accused persons to Salempur and till late night, they lived in Salempur. Co-accused Dashrath, Shyam Bahadur, applicant Angad and one unknown person killed the nephew of informant in the wheat field near the Devpar village. 4. 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 witness Smt. Prabhawati Devi, grand mother of the deceased and Smt. Rita Devi, aunt of the deceased have not made allegation against the applicant in their statements. There is no independent witness of the recovery and nothing has been recovered from the possession of the applicant or his pointing out. As per the post mortem report 13 injuries have been found on the body of person of deceased and cause of death of the deceased was hemorrhage and shock, due to antimortem stab injury. It is submitted that there is no eyewitness of the alleged incident. There are major contradiction in the statement of witnesses recorded under Section 161 Cr.P.C. and the chain of circumstantial evidence is not completed. After completing investigation, the investigating officer has submitted charge sheet dated 08.04.2024 against co-accused except the applicant. It is further submitted that similarly placed co-accused namely Shyam Bahadur Kushwaha and Dashrath Kushwaha have already been enlarged on bail of by coordinate Bench of this Court by order dated 06.09.2024 and 06.01.2025 passed in Criminal Misc. Bail Application Nos. 26597 of 2024 and 42513 of 2024, copy of the bail orders have been annexed as Annexure-18 of the bail application. He further submitted that since the role of the applicant is identical to that of co-accused, Shyam Bahadur Kushwaha and Dashrath Kushwaha, who have 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. 5. Learned AGA has 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Angad Kushwaha 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