HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25152 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Mehul Khare, learned counsel for the applicant, Kumari Poonam Rajpoot, learned counsel for the first informant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Anshul, seeking enlargement on bail in Case Crime No. 421 of 2024, under Sections 103 (1), 61 (2)a, 238 (a) BNS, Police Station Shikarpur, District Bulandshahr. 3. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 26.12.2024. 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. 4. Learned counsel for the applicant submits that the informant is not an eyewitness and the FIR is based upon the information given by his wife and his cousin Daksh Saini. It is submitted that no role has been assigned to the applicant in the FIR and the statement of the informant recorded under section 180 BNSS, which creates serious doubt about the genuineness of the prosecution case. No motive has been assigned to the applicant for the commission of offence. General role of assault has been assigned to all the accused persons. There is no eyewitness of the alleged incident. During course of investigation the Investigating Officer has not collected the CDR of Anshul which shows that he called or in touch with the co-accused persons through his mobile phone with regard to the incident dated 13.12.2025 and there is also no evidence of last seen. As per the post mortem report, the deceased has sustained 5 stab wounds and 2 multiple stab and incised wounds and cause of death was Asphyxia as a result of Versus Counsel for Applicant(s) : Mehul Khare, Saurabh Kesarwani Counsel for Opposite Party(s) : Dharam Singh, G.A., Kumari Poonam Rajpoot, Prem Babu Verma Anshul .....Applicant(s) State of U.P. .....Opposite Party(s) drowning. No weapon has been recovered from the possession of the applicant or on his pointing out. After completing investigation, the Investigating Officer has submitted charge sheet on 09.03.2025 before the court below and on the same, the court below has taken cognizance on 10.03.2025. It is next argued that the trial is going on and the statement of P.W.1 and P.W. 2 have been recorded. The entire allegation levelled against the applicant appears to be false and concocted. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Anshul 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 18, 2025 v.k.updh. BAIL No. 25152 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad