HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25605 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant, Shri Jitendra Singh, learned counsel for the first informant and Shri Ajay Singh, learned AGA for the State. The instant bail application has been filed seeking release of the applicant-Alok, on bail in Case Crime No. 118 of 2025, under Sections 105 (1), 238, 3(5) of BNS, Police Station-Kalan, District-Shahjahanpur, during pendency of the trial. Learned counsel for the applicant submits that the accused applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 03.05.2025. Learned counsel for the applicant submits that a First Information Report was lodged by the first informant on 09.04.2025, with the allegation that on the date of incident i.e. 07.09.2025, the applicant and one Gyanendra @ Gyanu, quarreled with the husband of the first informant namely Sher Singh @ Mukesh and threatened him for dire consequences. In the night of the same day her husband went to guard tube well near Aril River. When the deceased reached near bridge of Aril River the applicant and co-accused Gyanendra @ Gyanu murdered him by Fawada, Rod and other sharp edged weapon, and thereafter the applicant and all other co-accused persons tried to bury the deceased by digging a pit. When all the accused persons were tried to bury the deceased one Kripal Singh has seen the occurrence and when he raised alarm all the accused persons fled away from the spot. In the post mortem report the cause of death has been assigned as Cardiogenic Shock due to Mycordian Infraction. Learned counsel for the applicant submits that in the first information report it has been mentioned that one Kripal Singh has seen the applicant and other co-accused persons while they were trying to bury the deceased. Learned counsel for the applicant submits that aforesaid witness Kripal Singh was witness of inquest but he has not stated the said fact at the time of inquest. There is no eye witness of the incident. The applicant has no criminal antecedent and there is no Versus Counsel for Applicant(s) : Shakti Dubey, Vinay Kumar Tripathi Counsel for Opposite Party(s) : G.A., Jitendra Singh Alok .....Applicant(s) State of U.P. .....Opposite Party(s) 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 AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. Considering all those 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, Alok, 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 22, 2025 Deepak/ BAIL No. 25605 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad