Neutral Citation No. - 2025:AHC:144816 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26249 of 2025 Applicant :- Sushil Kumar Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Sachchidanand Srivastava Counsel for Opposite Party :- G.A.,Raj Kiran Chaudhary Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Sachchidanand Srivastava, learned counsel for the applicant, Shri Punit Kumar Singh, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sushil Kumar Upadhyay, seeking enlargement on bail in Case Crime No. 117 of 2025, under Sections 306 of I.P.C., Police Station- Bansi, District- Siddharth Nagar. 3. As per the prosecution story, on 09.06.2024 at about 02:00 pm, the informant got a phone call from his brother-in-law that his sister is missing and after some time when the informant called back his brother-in-law to inquire about his sister, he was told that his sister (deceased) is very sick and is vomiting. When the informant reached to the hospital, his sister had died. 4. 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 04.06.2025. Learned counsel for the applicant submits that the First Information Report has been lodged after delay of 11 months and 11 days without any plausible explanation of the delay. No allegation has been levelled against the applicant in the FIR. He further submits that the applicant himself took the deceased to the hospital. He further submits that there is no evidence of abetment found against the applicant. The applicant 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. 5. Learned AGA has vehemently opposed the prayer for bail. 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, Sushil Kumar Upadhyay, 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. 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 :- 22.8.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad