Neutral Citation No. - 2025:AHC:140073 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25367 of 2025 Applicant :- Pattu Alias Ramlala Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Yadav,R.P.S. Chauhan,Rajkapoor Upadhyay Counsel for Opposite Party :- G.A.,Vimal Chandra Mishra Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Vimal Chandra Mishra, 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, Pattu @ Ramlala, seeking enlargement on bail in Case Crime No. 0147 of 2025, under Sections 103 (1) BNS, Police Station Brijmanganj, District Maharajganj. 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 27.05.2025. 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 it is a case of night incident in dark hours at about 2:00 a.m. and no one was present along with deceased hence, only on the basis of suspicion false implication of the applicant in the present case cannot be ruled out. The first informant has disclosed the name of the applicant in the FIR due to enmity between the applicant and the deceased. As per the post mortem report the cause of death is Coma due to ante mortem head injury. Applicant has no motive or intention to commit the aforesaid crime except the suspicion made by the first informant. There is no direct or indirect evidence against the applicant to show the involvement of the applicant in the crime in question and a danda has been recovered on the pointing out of the applicant, which is false and planted one. The investigating officer has not recorded the statement of any independent/ public witness except the first informant and his friend Rajan and Bhabhi of the deceased and the investigating officer without collecting any material evidence has submitted charge sheet against the applicant. 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, Pattu @ Ramlala 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. Order Date :- 14.8.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad