HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26537 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Vijay Kumar Dwivedi, learned counsel for the applicant, Shri Ravi Prakash Singh, learned counsel for the first informant and Shri Ajay Singh, learned A.G.A. for the State and perused the record. This bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Kalu, seeking enlargement on bail in Case Crime No. 270 of 2025, under Sections 105, 3 (5), 115 (2), B.N.S. Police Station-Tappal, District- Aligarh. Learned counsel for the applicants argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 30.05.2025. First Information report has been lodged by the first informant on 25.05.2025 with the allegation that on the date of incident one Sunil and Dharmendra @ Dharmu took away his son namely Jasveer for celebrating birth day party at the home of Sunil. On the house of Sunil, during celebration of birth day party, some dispute occurred between the son of the first informant and other accused persons, and all the accused persons severely beat up the son of the first informant by kick and fists, due to which he sustained severe injuries and after returning home he died. In the Post Mortem Report the cause of death has been shown as Cardiac arrest due to Antemortem Myocardial Infraction. Learned counsel for the applicant submits that there is general allegations against the applicant. No specific role has been assigned to the Versus Counsel for Applicant(s) : Surendra Singh Counsel for Opposite Party(s) : G.A., Ravi Prakash Singh Kalu .....Applicant(s) State of U.P. .....Opposite Party(s) applicant. Doctor, who has conducted the post mortem of the deceased in his statement has stated that the deceased has died due to Cardiac arrest due to Antemortem Myocardial Infrarction and not due to injuries sustained by him. 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. Learned AGA has vehemently opposed, but could not dispute the fact that no specific role has been assigned to any of the applicant. Considering all those 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, Kalu, 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 16, 2025 Deepak/ BAIL No. 26537 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad