HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26263 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Mohd. Samiuzzaman Khan, learned counsel for the applicant, Shri Manoj Kumar Singh, learned AGA for the State, Shri Gaurav Kumar Singh, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Ashok, seeking enlargement on bail in Sessions Case No. 3816 of 2022 arising out of Case Crime No. 471 of 2022, under Sections 302 and 506 IPC, Police Station Khurja Nagar, District Bulandshahar. 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 11.5.2022. Learned counsel for the applicant submits that applicant along with two other co-accused persons have been nominated in the FIR. Later, the charge-sheet has been filed before the Trial Court only against the applicant. The deceased and the two other persons, namely, Sanju Tyagi and Pradeep Kumar @ Raju Chaudhari were in partnership firm and the main dispute, as per FIR version, established against aforesaid Sanju Tyagi and Pradeep Kumar, who were exonerated during course of investigation. It is a case of circumstantial evidence and chain of evidence has not been completed. Whole prosecution story has been developed on the basis of heresay evidence. No one has seen the applicant murdering the deceased. Out of 19 prosecution witnesses, only 04 witnesses, who are fact witnesses, have been examined before the Trial Court. In the Versus Counsel for Applicant(s) : Km. Ashra, Mohd. Samiuzzaman Khan Counsel for Opposite Party(s) : G.A., Gaurav Kumar Singh Ashok .....Applicant(s) State of U.P. .....Opposite Party(s) cross examination, PW-1 has stated that he has not seen anyone to murder the deceased and he is not eyewitness of the incident. The false recovery of Sabbal has been planted upon the applicant. The FSL report of recovered Sabbal has not been received so far. Learned counsel for the applicant submits that witness Kailash in his statement stated that heated arguments were advanced between deceased and Ashok Kumar. Thereafter, said Kailash left the spot and on the next day, he received informant that Kalicharan was murdered. 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Learned counsel for the first informant, in opposition to the bail plea, submits that motive behind the occurrence is very well established from the statement of first informant annexed at Page 64, which has been substantiated by the statement of witness Kailash, who were present on the spot. Learned counsel for the first informant submits that witness Kailash stated that applicant threatened the deceased with dire consequences and stated that applicant murdered the deceased. Recovery of Sabbal has been effected from the pointing out of applicant in front of first informant. The incident has happened in the night of 10.5.2022/11.5.2022 and prompt FIR has been lodged. PW-1 to PW-4 during examination as well as cross examination have supported the case of prosecution and their statements cannot be discarded in a cursory manner. Considering all above facts and circumstances, period of incarceration, case is proceeding at snail's pace, out of 19 prosecution witnesses only PW1 to PW4 have been examined before the Trial Court, conclusion of trial will take a considerable time, 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, Ashok, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two BAIL No. 26263 of 2025 2 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. August 28, 2025 Ravi Prakash BAIL No. 26263 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad