Neutral Citation No. - 2025:AHC:142128 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28409 of 2025 Applicant :- Mohabbat Opposite Party :- State Of U.P. Though It Principal Secretary (Home) Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Atul Kumar, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.101 of 2025, under Sections 85, 80(2), 115(2), 352, 351(3), 92 B.N.S. and Section 3/4 D.P. Act, Police Station Kotwali Nagar, District Muzaffar Nagar, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by more than one month and there is no explanation of the said delay caused. The informant and applicant alongwith other family members were present at the time of inquest proceedings taken up on 25.02.2025. 5. Learned counsel for the applicant has further stated that the cause of death could not be ascertained, as such, viscera was preserved. The viscera report is still awaited. There is no criminal history of the applicant. The applicant is languishing in jail since 06.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the fact that the informant was present at the time of inquest proceedings, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Mohabbat, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 20.8.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad