HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29070 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sanjeev Kumar Singh, learned counsel for the applicant and Sri Pranshu Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 345 of 2025, under Sections 85, 80(2) of BNS and Section 3/4 of D.P. Act, Police Station Gulriha, District Gorakhpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is the father-in-law of the deceased person and he has nothing to do with the said offence. 5. Learned counsel has next stated that the real perpetrator of the crime is husband of the deceased person who has committed the said offence of throttling. It is true that the cause of death has been found to be asphyxia as a result of ante mortem throttling. Although, statement of son of the applicant before the police is not admissible but he has categorically stated that it is he, who has committed the said offence and even assaulted his brother. The said fact has also been entered in general diary. 6. Learned counsel has further stated that offence of throttling can be committed by a single person. It is not a case of strangulation. 7. There is no criminal history of the applicant. The applicant is Versus Counsel for Applicant(s) : Sanjeev Kumar Singh Counsel for Opposite Party(s) : G.A. Amarjeet .....Applicant(s) State of U.P. .....Opposite Party(s) languishing in jail since 10.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merit of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Amarjeet, 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 the 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. September 1, 2025 Sumit S BAIL No. 29070 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad