Neutral Citation No. - 2025:AHC:113232 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24242 of 2025 Applicant :- Sushil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Waris Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mohd. Waris, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.368 of 2024, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Maudaha, District Hamirpur, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about two days and there is no explanation of the said delay caused. The inquest report was prepared on 10.09.2024 and the informant and other family members were present at that stage, which indicates foul play as the FIR has been instituted subsequently after legal consultation. 5. Learned counsel for the applicant has further stated that the cause of death could not be ascertained, as such, viscera was preserved. There is no criminal history of the applicant. The applicant is languishing in jail since 07.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the fact that the informant and other family members were present at the time of inquest proceedings, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Sushil Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 15.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad