HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26400 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Pushpendra Singh, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Ajay Kumar, seeking enlargement on bail in Case Crime No. 319 of 2024, under Section 302 IPC, Police Station Dibai, District Bulandshahr, during the pendency of the trial before the Court below. 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 1.8.2024. Learned counsel for the applicant submits that after incident of 1-1/2 months, deceased died due to septicemia. Role of giving knife blow has been assigned to applicant, but the Dr. Imad in his statement recorded under Section 161 Cr.P.C. opined that fracture in the intestine of deceased cannot be said to be received from knife. It is a case of sudden provocation. Learned counsel for the applicant submits that during course of investigation, statements of two independent witnesses were got recorded by the Investigating Officer, but their names does not find place in the charge sheet submitted before the Trial Court. 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. Versus Counsel for Applicant(s) : Pushpendra Singh Counsel for Opposite Party(s) : G.A. Ajay Kumar .....Applicant(s) State Of U.P.State Of U.P Through Its Secretary Home U.P At Lucknow .....Opposite Party(s) Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, period of incarceration, 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, Ajay Kumar, 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 Ravi Prakash BAIL No. 26400 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad