HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24749 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Supplementary affidavit filed in the Court today is taken on record. 2. Heard Sri Raghuvansh Misra, learned counsel for the applicant, Sri Ram Chandra Solanki, learned counsel for the first informant and Sri Vijendra Kumar, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Rameshwar, seeking enlargement on bail in Case Crime No. 602 of 2024, under Sections 103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Dibai, District- Bulandshahr. 4. There is allegation in the First Information Report that on 07.11.2024 at about 06:30pm, the brother(deceased) of the informant left his house with Hemant to meet someone, but after some time, when the deceased did not come back, the informant was informed by Hemant that his brother was missing and after search, informant's brother dead body covered in blood found behind Somvir's bhatta. 5. 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 12.11.2024. Learned counsel for the applicant submits that the applicant is not named in the FIR. Applicant's name surfaced in the statement of the alleged eye witness, Hemant in which he has not levelled any allegation of causing injury or assault against the applicant Versus Counsel for Applicant(s) : Abhishek Kumar Jaiswal, Raghuvansh Misra, Sandeep Kumar Patel Counsel for Opposite Party(s) : G.A., Ram Chandra Solanki, Shiv Sharan Tripathi Rameshwar .....Applicant(s) State of U.P. .....Opposite Party(s) and has levelled specific allegation of assault against Shailendra, Pushpendra and Vivek. Learned counsel for the applicant further submitted that Hemant in his statement has only stated that the accused persons were acquainted with the applicant. He further submits that P.W.1(informant) and P.W.2 (wife of the deceased) have been examined before the trial court and there appear contradictions in their statements. The applicant 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. 6. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail and submitted that the informant in his statement has stated that the applicant himself had told him that due to old enmity, the applicant hatched conspiracy and gave approx two lakhs rupees to the accused persons to kill the deceased (page 71 of the bail application). 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Rameshwar, 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. BAIL No. 24749 of 2025 2 10. 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 8, 2025 Anjali BAIL No. 24749 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad