HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24647 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit filed today is taken on record. Heard Shri Hashim Khan, learned counsel for the applicant and Shri S.K.Rai, learned AGA-Ist, for the State-respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant,Rajkumar Tiwari, seeking enlargement on bail in Case Crime No. 604 of 2023, under sections 302, 323 I.P.C. and Section 4/25 of Arms Act, Police Station-Kotwali Deoria, District-Deoria. 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 21.07.2023. Learned counsel for the applicant submits that First Information Report was lodged on 20.07.2023 with a delay of three days for an incident took place on 20.07.2023, without any plausible explanation with the allegation that on the date of incident the applicant came to the house of the first informant in drunken condition and started beating his father and when the husband of the first informant, namely Manoj Tiwari, tried to save him the applicant assaulted him, with knife, due to which he sustained sever injuries and during treatment he died. In the post mortem report the cause of death has been shown as Septicemia septic shock. Learned counsel for the applicant after arguing at some length submits that the first informant herself has turned hostile. Criminal history of four cases has been properly explained in the supplementary affidavit 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co-accused has already Versus Counsel for Applicant(s) : Hashim Khan, Manvendra Kumar Counsel for Opposite Party(s) : G.A. Rajkumar Tiwari .....Applicant(s) State of U.P. .....Opposite Party(s) been granted bail by this Court. 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, Rajkumar Tiwari, 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 15, 2025 Deepak/ BAIL No. 24647 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad