HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30901 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Vakalatnama filed by Shri Shantanu, learned counsel for the applicant in the Court today is taken on record. Heard Shri Shantanu, learned counsel for the applicant, Shri Yagyavalk Pandey, 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, Upendra Mukhiya, seeking enlargement on bail in Case Crime No. 0070 of 2025, under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Adarsh Mandi, District- Shamli. There is allegation in the First Information Report that on 26.04.2025 at about 9:50 PM, on hearing cry, the informant came out of his house and saw that the applicant with two other co- accused attacked the brother of the informant (deceased) with a sharp edge weapon on his neck due to which the deceased fell down and then the accused-applicant ran away. Learned counsel for the applicant argued that the accused- Versus Counsel for Applicant(s) : Manvendra Singh, Ramesh Kumar Shukla, Shantanu Counsel for Opposite Party(s) : G.A. Upendra Mukhiya .....Applicant(s) State of U.P. .....Opposite Party(s) applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 28.04.2025. Learned counsel for the applicant submits that there is no independent eye-witness of the alleged incident. He further submits that co-accused Shushil and Babloo have already been enlarged on bail by the court below vide order dated 15.07.2025. He next submitted that the Investigating Officer has already submitted the charge sheet on 04.06.2025 in the matter. The applicant 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. Learned AGA has vehemently opposed the prayer for bail by submitting that the informant as well as all the eye witnesses have assigned direct role of causing injury to the applicant and the post-mortem report of the injured also supports one blow injury (a lacerated wound of size 15cm x 69cm x 11cm/deep present on right side neck region SCHM below right ear Pinna extending to back of chest at C2 Vertebra). 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. Accordingly, the bail application is allowed. Let the accused-applicant, Upendra Mukhiya, 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 BAIL No. 30901 of 2025 2 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 16, 2025 Anjali/Ravi Prakash BAIL No. 30901 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad