HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24248 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Santosh Kumar Singh, learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State, Shri Arjun Singh Yadav, 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, Lukai Alias Sandip Alias Pradeep, seeking enlargement on bail in Case Crime No. 389 of 2024, under Sections 105, 115 (2), 352, 351 (3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sen Paschimpara, District Kanpur Nagar. 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 15.2.2025. Learned counsel for the applicant submits that initially the FIR was lodged under Section 191 (2), 115 (2), 352 of BNS and subsequently, after the death, of deceased, the case has been converted into Section 105 of BNS. As per post mortem report, cause of death has not been ascertained and viscera was preserved. Dr. Suja, prosecution witness, in his statement recorded under Section 180 BNSS has said that deceased was admitted in the hospital with the compliant of fall from the stairs and due to this he received injuries in his stomach. The deceased later expired during treatment due to heart failure. 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) : Santosh Kumar Singh Counsel for Opposite Party(s) : Arjun Singh Yadav, G.A. Lukai Alias Sandip Alias Pradeep .....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, but could not dispute the aforesaid fact. 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, Lukai Alias Sandip Alias Pradeep, 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 10, 2025 Ravi Prakash BAIL No. 24248 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad