Neutral Citation No. - 2025:AHC:146031 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28977 of 2025 Applicant :- Bobby Alias Pushparaj Opposite Party :- State of U.P. Counsel for Applicant :- Shyamal Kumar Prayagi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Shyamal Kumar Prayagi, learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 14 of 2025, under Section 103(1) B.N.S., Police Station- Derapur, District- Kanpur Dehat, during the pendency of trial. PROSECUTION STORY: 4. The applicant alongwith other accused persons is stated to have assaulted the husband and son of the informant on 19.1.2025 at about 08:00 p.m., whereby the injured persons were rushed to local hospital by ambulance and the husband of the informant was declared dead there and her son was referred to Hallet Hospital, Kanpur Nagar, whereby he was admitted and being treated. 5. The FIR was instituted on 20.1.2025 at 04:19 p.m. The son of the informant also succumbed to the injuries during treatment on 20.1.2025. ARGUMENTS ON BEHALF OF APPLICANT: 6. The applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. 7. The FIR is delayed by about twenty hours and there is no explanation of the said delay caused. 8. It is a blind murder as there is no eye-witness to the incident. Subsequently, witness of extra-judicial confession Ram Kumar @ Ramu has been roped in by the prosecution that too after legal consultation. 9. Even the statement of said witness does not fall within the purview of Section 22 of the Bhartiya Sakshya Adhiniyam as the person before whom the applicant is stated to have confessed was in an inebriated state. 10. Much reliance has been placed on Annexure-13 to the affidavit filed with bail application, whereby it is GD entry no.25 of 15:25 hours dated 20.1.2025 prior to the institution of FIR, which indicates that in the night of 19.1.2025 the police was informed that two unknown persons were assaulted and were found in an injured state in the jurisdiction of the village, as such, they were taken by the police to hospital by ambulance. 11. It is true that there was motive and the applicant carried animosity with the deceased persons, but there is no dying declaration of the deceased person, as such, it is a clear cut case of false implication. 12. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 24.1.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/OPPOSITE PARTY: 13. The bail application has been opposed by learned A.G.A. on the ground that there was strong motive for the applicant to commit the crime as the deceased persons were real father and brother of the applicant. 14. There was no occasion for the informant to falsely implicate the applicant being her real son. CONCLUSION: 15. 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 GD entry no.25 of 15:25 hours dated 20.1.2025, 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. 16. Let the applicant- Bobby Alias Pushparaj, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 17. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 18. 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 :- 23.8.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad