HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24321 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Raj Kumar Sharma and Shri Akhilesh Kumar Khare, learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State, Shri Fakhruzzaman, 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, Lalji, seeking enlargement on bail in Case Crime No. 27 of 2025, under Sections 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station Samthar, District Jhansi. 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 6.3.2025. Learned counsel for the applicant submits that as per prosecution case, only one eye witness of the alleged incident. The prosecution did not prepare proper site plan. Charge sheet in this case has already been filed on 7.5.2025. Learned counsel for the applicant submits that recovery of bamboo and Danda have been shown from the applicant, but the eye witness Vimla has deposed that applicant was armed with iron rod. Learned counsel for the applicant submits that cause of death has been shown to be cardio respiratory failure as a result of head injury and the viscera was preserved, but till date, the viscera report has not been submitted. 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. Versus Counsel for Applicant(s) : Akhilesh Kumar Khare Counsel for Opposite Party(s) : Fakhruzzaman, G.A. Lalji .....Applicant(s) State of U.P. .....Opposite Party(s) 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-applicant, Lalji, 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. September 3, 2025 Ravi Prakash BAIL No. 24321 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad