Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29774 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J.
1. Heard Sri J. K. Singh, learned counsel for the applicant, Sri Mohit Kumar Baisla, learned counsel for the first informant, Sri Varun Pratap Singh, learned AGA for the State-Respondent and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 18 of 2025, under Sections 105, 3(5) BNS, Police Station GRP, District Saharanpur. 3. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 03.03.2025. 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. 4. Learned counsel for the applicant submits that the incident took place on 24.02.2025 and its FIR was lodged after two days i.e. on 26.02.2025 without giving any explanation for delay in lodging the FIR. It is a case of sudden provocation. The deceased fell in a railway drainage filled with dirty water, when accidentally touched by co-accused Dev Kalra. It is next submitted that applicant has no role or motive for killing the deceased. As per the post mortem report, the cause of death is ante-mortem drowning. It is submitted that the informant has clearly stated in his the statement that the death is not homicidal but accidental. There is no independent witness of the alleged incident. Nothing has been recovered from the possession of the applicant or his pointing out. Applicant has no motive to commit the alleged offence. Versus Counsel for Applicant(s) : Jitendra Kumar Singh Counsel for Opposite Party(s) : G.A., Mohit Kumar Baisla Amarjeet .....Applicant(s) State of U.P. .....Opposite Party(s)
Hence, bail has been prayed for. 5. It is further submitted that on the similar footing the co-accused Rajas and Krish Ahuja Alias Kish Ahuja have been granted bail by the Court vide order dated 13.08.2025 passed in Criminal Misc. Bail Application No. 13115 of 2025 and 14703 of 2025, therefore, the applicant is also entitled to be released on bail. 6.
Considering all above facts and circumstances, 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Amarjeet, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 15, 2025 pks BAIL No. 29774 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad