HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26333 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant and Shri Vivek Kumar Pal, learned counsel for the first informant and learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant Amit Kumar with a prayer to enlarge him on bail in Case Crime No. 80 of 2025, under sections-191 (2), 191 (3), 115 (2), 352, 103 (1), 61 (2), 127 (2) B.N.S. Police Station-Chhajlet, District-Moradabad, during pendency of 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 22.04.2025. He further submits that first information report was lodged by the informant against 8 named and three unknown persons with the allegation that co-accused Yash, called Nikhil Kumar, son of the first informant, to his house situate in village Kuchavali, where all the accused persons severely beaten Nikhil Kumar, due to which he died. Learned counsel for the applicant submits that general role has been assigned to the applicant. No specific role has been assigned to the applicant. In the post mortem report the cause of death has been shown as Shock and Haemorrhage due to Antemortem Injuries. He further submits that nothing has been recovered from the possession or pointing out of the applicant. The witnesses of the case have not assigned any specific role to the applicant. 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. Per contra, learned A.G.A. as well as learned counsel for the first informant have vehemently opposed the prayer for bail to the applicant but could not dispute the aforesaid facts. Considering the nature of the offence, material/evidence brought on Versus Counsel for Applicant(s) : Kuldeep Tripathi, Shiv Shanker Mishra Counsel for Opposite Party(s) : G.A., Vivek Kumar Pal Amit Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Amit Kumar, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of 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 4, 2025 Deepak/ BAIL No. 26333 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad